CPLR 2 Flashcards
CPLR 203(d) For statute of limitations purposes, a defense or counterclaim is interposed when:
a) a copy is filed in the court having jurisdiction
b) a copy is delivered to the sheriff of the county in which the claimant resides c) a copy is filed with the clerk of the county in which the claimant resides
d) a pleadings containing it is served
D
CPLR 203 In the Supreme and County Courts, the statute of limitations is computed from the time the cause of action ________to the time the claim is _____
a) accrues, served on the defendant b) accrues, interposed
c) commences, interposed d) commences, served on the defendant
B
CPLR 207 What is the effect on the SOL for a civil action if after the cause of action has accrued against an individual who resides within New York State under a false name?
a) The statute of limitations is tolled for such period that the individual resides in the state under the false name
b) The statute of limitations is waived
c) The plaintiff is given a shorter period of time in which to sue
d) The plaintiff may not bring suit while the person being sued uses a false name
A
CPLR 208-B For an action against a defendant for injury suffered as a result of a sexual offense when the plaintiff was less than 18, the statute of limitations expires when the plaintiff reaches age:
a)25 b)30 c)45 d)55
D
CPLR 212 An action to recover real property or its possession cannot be commenced more than _____ years after plaintiff was seized of or possessed the property.
a)6 b)5 c)10 d)15
C
CPLR 213 Any action where a specific time period is not set by law, must
be commenced within:
a) 3 years after the cause of action accrues action accrues
c) 6 years after the cause of action accrues action accrues
b) 5 years after the cause of d) 10 years after the cause of
C
CPLR 211 SOL for a money judgment is: _______________
a)20 b)30 c)15 d)10
A
CPLR 213 Which of the following has a 6-year SOL?
1. An action based upon mistake
2. An action upon a mortgage of real property 3. An action based upon fraud
a) All the above b) 2 only c) 2, 3 only d) 1 only
A
CPLR 214 An action to recover damages for malpractice other than medical, dental or podiatric malpractice must be commenced within_____ years.
a)1 b)2 c)21⁄2 d)3
D
CPLR 214-a In an action for medical, dental or podiatric malpractice an action based on the discovery of a foreign object in the patient’s body:
a) may be commenced within 2 1⁄2 years from the discovery
b) may be commenced within 2 years of the discovery of the object
c) must be commenced within 5 years from the procedure in which the foreign object was placed in the patient’s body
d) may be commenced within 1 year of the discovery of the object
D
