CPLR 50

Question 1

CPLR 5001 Amount of interest awarded on a verdict, report or decision shall be computed by _________________.

a. clerk of the court
b. plaintiff
c. defendant
d. losing party

Answer 1

A

Question 2

CPLR 5001 What are the 3 general time periods for the calculation of interest on a judgment?

Answer 2

1. The earliest ascertainable date the cause of action existed.
2. Date specified in verdict, report or decision to date of entry of judgment.
3. For damages incurred later, interest is calculated from the date each damage occurred, or from a single reasonable intermediate date if damages occurred at various times.

Question 3

CPLR 5004 Interest on a judgment shall be computed at the rate of ____% per year, unless otherwise provided by statute.
a. 11% b. 20% c. 9% d. 15%

Answer 3

C

Question 4

CPLR 5015 A motion for relief from judgment or order based on excusable default must be made within ____ of service of copy of judgment or order.
a. 30 days b. 90 days c. 1 year d. 5 years

Answer 4

C

Question 5

CPLR 5003A Generally, payments following settlement of a case are due as follows: Generally, payment is due within ____ days after tender of release from plaintiff.
a. 21 b. 90 c. 60 d. 30

Answer 5

A

Question 6

CPLR 5003A In cases where defendant is municipality, any subdivision thereof, or public corporation not indemnified by NYS: payment is due within ____ days after tender of executed release & discontinuance.
a. 21 b. 90 c. 60 d. 30

Answer 6

B

Question 7

5021 Entry of satisfaction
A clerk shall make an entry regarding partial or full satisfaction of a judgment upon the filing of:

Answer 7

a satisfaction piece, partial satisfaction piece, order of a court, certificate or other authorized instrument used to record the partial or full satisfaction of a judgment.

Question 8

T/F? CPLR 5017 The judgment-roll shall contain the summons, pleadings, admissions, each judgment and each order involving the merits or necessarily affecting the final judgment.

Answer 8

TRUE

Question 9

CPLR 5020 When a person required to execute and file a satisfaction-piece with the proper clerk fails or refuses to do so within the prescribed 20 days a judgment for less than $5,000 shall incur a penalty of _______; a judgment for $5,000 or more shall incur a penalty of ______, each recoverable by the judgment debtor.
a. $100…$500
b. $250…$500
c. $1,000…$1,500
d. $100…$250

Answer 9

A

Question 10

5001 (c) Specifying beginning date and computing interest
Where a date certain for calculating interest is not in dispute, _________ May fix a date.

Answer 10

clerk
Amount of interest awarded in a verdict, report or decision shall be computed by clerk of the court

Question 11

5002 Interest shall be recovered from verdict to the date of entry of judgment and shall be computed by the clerk. NOTE: There are 3 general time periods for the calculation of interest: what are they?

Answer 11

1. date of occurrence to date of decision/verdict
2. Date of decision/verdict to date of entry of judgment 3. Date of entry of judgment to date of payment

Question 12

5003-a Rules for prompt payment following settlement of a case Generally, payments following settlement of a case are due as follows:
(a) Generally: payment is due within__________after tender of release from plaintiff

Answer 12

21 days

Question 13

5003-a. Generally, payments following settlement of a case are due as follows: (b) In cases where defendant is municipality, any subdivision thereof, or public corporation not indemnified by NYS: payment is due within…

Answer 13

90 days after tender of executed release and discontinuance

Question 14

5003-a. Generally, payments following settlement of a case are due as follows: (c) In an action where defendant is state: _______ days after comptroller has determined he has received the required settlement papers.

Answer 14

90

Question 15

5004 Interest shall be at ______% per year (simple interest, not compounded), unless otherwise provided by statute.

Answer 15

9 % per year

Question 16

5011 Definition and content of a judgment. What is A judgment

Answer 16

A judgment is the determination of the rights of the parties in an action or special proceeding.

Question 17

5011. A judgment may be ________________ or final.

Answer 17

Interlocutory!!!!!!!

Question 18

5011. Where damages are awarded to a state or local prisoner, the court must give prompt notice to ….

Answer 18

the office of victim services.
The judge must also direct that no payment be made to the prisoner for a period of 30 days following the entry of the order containing such direction.

Question 19

5013 Effect of a judgment dismissing a claim
A judgment dismissing a cause of action before the close of the proponent’s evidence is not a dismissal on the merits unless it specifies otherwise.
A judgment dismissing a cause of action after the close of the proponent’s evidence (IS/IS NOT) a dismissal on the merits unless it specifies otherwise.

Answer 19

IS

Question 20

5014 Action on a judgment
The lien of a judgment on real property expires after ______ years, but may be renewed by an action on a judgment and then docketing the renewal judgment.

Answer 20

10 years
An action for a renewal judgment may be commenced during the year prior to the expiration of 10 years since the first docketing of the judgment.

Question 21

5015 Relief from a judgment or order
(a) Request for relief from judgment or order may be based on a motion on the following basis:

Answer 21

1. excusable default (Motion MUST be made within 1 year after service of a copy of order or judgment with written notice of entry).
2. newly discovered evidence
3. fraud, misrepresentation, or other misconduct of an adverse party
4. lack of jurisdiction to render judgment or order
5. reversal, modification or vacatur of a prior judgment or order upon which it is based.
   (REMEMBER F L E E R OR R E L E F)

Question 22

5015. (b) The clerk of the court may vacate a default judgment upon the filing of a…

Answer 22

a stipulation by parties.

Question 23

5015. (d) If judgment or order is set aside or vacated, judge may order…

Answer 23

restitution in like manner as if judgment had been reversed or modified on an appeal.

Question 24

5016 Entry of a judgment
(a) A judgment is entered when, after it has been signed by….

Answer 24

the clerk, it is filed by him.

Question 25

5016. (b) Judgment upon a general verdict of a jury shall be entered by…

Answer 25

clerk unless court directs otherwise.
Upon a special verdict the judge shall direct the entry of a judgment.

Question 26

5016. Judgment upon a decision by court or referee shall be entered by…

Answer 26

the clerk as directed therein. ALSO
-No verdict or decision shall be rendered against a deceased party. Where an interlocutory judgment is directed, party may move for a final judgment when he is entitled.

Question 27

5017 Judgment roll
A judgment roll shall be prepared by the attorney for the party at whose instance the judgment is entered or by clerk. It shall be filed by the clerk when he enters judgment. It shall include:

Answer 27

1. summons, pleadings, admissions, and each judgment and order involving the merits,
2. If judgment is taken by default, proof required by CPLR 3215
3. If after trial, shall contain verdict or decision, transcript of proceeding and any tender offers: CPLR 3219-3221
4. If appeal was taken, appeal papers and determination,
5. In action to recover a chattel, shall contain the sheriffs return (report), 6. In an action on submitted facts, (CPLR 3222) the case, submission, affidavit, each judgment or order affecting final judgment,
6. If on a judgment by confession (CPLR 3218), a copy of affidavit and a copy of the judgment.

Question 28

5018 Docketing of a judgment
(a) Immediately after the filing of the judgment roll, the clerk shall ….

Answer 28

docket the money judgment