CPLR 34 Number Blast Flashcards
3402- Note of Issue
At any time after issue is first joined or at least after _________ after the service of a summons has been completed whether we have joinder or not, any party may place a case on the calendar by filing within __________ after service, with proof of such service, ___________ of a “Note of Issue with the clerk.
The clerk (soon to be you) shall enter the case upon the calendar as of the date of filing the note of issue
FORTY(40) DAYS ………..TEN (10) DAYS……. TWO (2) COPIES
3402- Note of Issue
- A party who brings in a new party shall within __________ serve him with the note of issue and file a statement with the clerk advising him of the bringing in of such new party and of any change in the title of the action, with proof of service of the note of issue upon the new party, and of such statement upon all parties who have appeared in the action.
- The case shall retain its place upon the calendar unless the court otherwise directs.
FIVE(5)DAYS
3403- Trial Preferences
To obtain a preference a notice of motion for such must be filed with the note of issue or_________ after such service by any other party, with the exception of the party who turned 70 years or became terminally ill, it can be ________ during the pendency of the action
TEN (10) DAYS…… anytime
3404- Dismissal of Abandoned Cases
- A case “marked off” or struck from the calendar if not restored within __________ is deemed abandoned and shall be dismissed without costs for neglect to prosecute.
- **The clerk shall make an appropriate entry _______ the necessity of an order.
ONE (1)YEAR……… WITHOUT
3406- Mandatory Filing and Pre-calendar Conference (relates to CPLR3409) +
Not more than ________ after issue is joined, the plaintiff in an action seeking damages for medical, dental or podiatric malpractice must file a special notice to that effect with the clerk of the court along with proof that such notice was served on all parties and proof that, if demanded, authorizations to obtain medical, dental, podiatric and hospital records have been served upon the defendants in the action; and such other papers as may be required to be filed by rule of the chief administrator of the courts.
SIXTY (60) DAYS
3406- Mandatory Filing and Pre-calendar Conference (relates to CPLR3409) +
- There shall be a pre-calendar conference which will determine the timeline to complete disclosure at no more than ________ after the notice of medical, dental or podiatric malpractice has been filed and to be ready for trial within __________ after such notice is filed.
- The pre-calendar conference will be held after the issue is _______ but before the note of issue is filed.
TWELVE (12) MONTHS……. EIGHTEEN (18) MONTHS ………. joined
3407- Preliminary Conference in Personal Injury Actions for the Terminally III+
In the case of a person terminally ill, a request for an expedited preliminary conference may be made in writing filed with the clerk along with a physician’s affidavit stating among other things the life expectancy of the party. The court shall hold such conference within __________ and the court shall issue an order for the completion of discovery within ___________ .
TWENTY (20) DAYS……… NINETY (90) DAYS
3407- Preliminary Conference in Personal Injury Actions for the Terminally III+
At conference, the court shall issue an order that a note of issue and certificate of readiness be filed in such action within a period of time specified in the order, trial should receive a preference, and shall commence within __________
ONE (1) YEAR
3408- Mandatory Settlement Conference in Residential Foreclosure actions
In any residential foreclosure action involving a home loan where the defendant is a resident of the property being foreclosed, the court shall hold a mandatory foreclosure conference within _________ after the date when proof of service is filed, or upon a date agreed upon by the parties. The purpose is to hold settlement discussions and try to reach a mutually agreeable resolution.
SIXTY (60) DAYS
3408- Mandatory Settlement Conference in Residential Foreclosure actions
Within ________ of any settlement agreement or loan modification, the plaintiff must file a notice of discontinuance and vacatur of the lis pendens (a notice lenders use when they initiate a foreclosure sale).
90 days
3408- Mandatory Settlement Conference in Residential Foreclosure actions
- (Bard) At the first settlement conference in a foreclosure action, if the defendant has not filed an answer or made a pre-answer motion to dismiss, the court will advise the defendant of their right to answer the complaint, the consequences of not answering, provide information about foreclosure prevention assistance, and provide them with a copy of the Consumer Bill of Rights
- A defendant who appears at a settlement conference but has not filed an answer will be presumed to have a reasonable excuse for the default and will be allowed to file an answer without any substantive defenses deemed to have been waived within ___________ of initial appearance at the settlement conference.
thirty days
3409- Settlement Conference in Medical, Dental and Podiatric Malpractice Actions+
There is also a mandatory settlement conference in medical, dental or podiatric malpractice cases, which shall be had within __________ after the filing of the note of issue and certificate of readiness or __________ after the decision denying a motion to vacate a note or certificate
FORTY-FIVE(45)DAYS……… 45 days
Rule 3410. Face-to-face meeting for foreclosure of reverse cooperative apartment unit loans.
(Bard) Within ________ of serving the notice to the borrower, the petitioner must file a specialized request for judicial intervention with the clerk, and the court must hold a mandatory settlement conference to discuss possible resolution to avoid the borrower’s loss of the apartment within ______ of receipt of the notice to discuss the parties’ rights and obligations under the loan documents.
TEN (10) DAYS………. SIXTY (60) DAYS
