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CPLR - FUTURE CLERK 2023: THE CLERKENING > CPLR ART 30 VOLUME ONE > Flashcards

CPLR ART 30 VOLUME ONE Flashcards

1
Q

3001- Declaratory Judgment+

  • A declaratory judgment by the supreme court settles a controversy, serves to quiet or stabilize such justifiable controversy whether or not further relief is or could be claimed.
  • A judgment will be rendered which has the same effect as a ___________ rendered in an action.
  • If the court declines to render such judgment it shall state _______________
A

Judgment………. the grounds

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2
Q

3002- Actions and Relief not Barred for Inconsistency+

  • When causes of actions exist against several people, the results of actions against one including recovery of a judgment (DOES/DOES NOT) bar future action against the others
  • (A judgment denying recovery in an action upon an agreement in writing shall not be deemed to bar an action to reform such agreement and to enforce it as reformed.)
A

does not

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3
Q

3003- Actions for Periodic Payments

Actions for the recovery of payments for pensions, retirement compensation or deferred compensation shall not prevent actions to recover payments thereafter __________

A

becoming due

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4
Q

3004- Restoration of Benefits Unnecessary

  • A party who has received benefits in a transaction that is voidable due to fraud, misrepresentation, mistake, duress, infancy or incompetency does not have to tender those benefits until a judgment determining the _______________ or other relief is rendered.
  • Such judgment may make a tender of restoration a condition of the judgment, or adjust the equities between parties to avoid unjust enrichment
A

voidability of the transaction

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5
Q

3005- Relief Against Mistake of Law

When relief against a mistake is sought, the relief shall not be __________ merely due to the mistake being one of _____ rather than _____

A

denied….. Law ……..fact

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6
Q

3011- Kinds of pleadings:

  • There shall be a complaint and an answer.
  • Remember there are only the following Pleadings:
A
  • CAR (Complaint, Answer and Reply)
  • PAR (Petition, Answer and Reply)
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7
Q

3011- Kinds of pleadings:

The answer can contain a _________ (against the plaintiff) or a __________ (against another defendant)

A

COUNTERCLAIM……… CROSSCLAIM

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8
Q

3011- Kinds of pleadings:

A defendant’s pleading against another CLAIMANT is an _____________

A

INTERPLEADER COMPLAINT

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9
Q

3011- Kinds of pleadings:

A defendant’s pleading against a person not already a party is a ___________

A

THIRD PARTY COMPLAINT or impleader

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10
Q

3011- Kinds of pleadings:

There will be:

a _________ to a COUNTERCLAIM,

A

REPLY

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11
Q

3011- Kinds of pleadings:

There will be:

an _________ to an INTERPLEADER COMPLAINT and a THIRD PARTY COMPLAINT

A

ANSWER

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12
Q

3011- Kinds of pleadings:

There will be:

  • an _________ to a CROSSCLAIM demanding an answer.
  • If no demand is made, the cross-claim shall be deemed denied or avoided. (Kind of like a general denial entered upon the respondent’s behalf on arraignment)
A

ANSWER

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13
Q

3011- Kinds of pleadings:

There shall be no other pleading unless ____________ otherwise.

A

the court orders

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14
Q

3012- Service of Pleadings and Demand for Complaint

NEW: The complaint (MAY/SHALL) be served with the summons, except that in an action arising out of a consumer credit transaction, the complaint (MAY/SHALL) be served with the summons.

A

MAY….. SHALL

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15
Q

3012- Service of Pleadings and Demand for Complaint

  • Generally the time to respond by filing an answer is within __________ of the service of the Summons.
  • Likewise service of a reply shall be made within ____________ after service of the pleading to which it responds.
A

TWENTY(20) DAYS ………. TWENTY(20) DAYS

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16
Q

3012- Service of Pleadings and Demand for Complaint

  • If a Summons is served without a complaint then the defendant has __________ to serve a written demand for the complaint.
  • Service of the complaint shall be made within __________ after service of the demand.
  • After the receipt of the complaint, the __________ to answer begins to run.
  • The complaint shall be served within __________ of the notice of appearance, when there is no demand
  • The court upon motion may dismiss the action if ___________ of the complaint is not made,
  • a demand for complaint or motion to dismiss (DOES/DOES NOT) constitute an appearance in the action
A

TWENTY(20) DAYS……. TWENTY(20) DAYS……. TWENTY(20) DAYS………. TWENTY(20) DAYS….. service… DOES NOT

17
Q

3012- Service of Pleadings and Demand for Complaint

If however service is not made by personally delivering the Summons to the person to be served and is made by the other methods in Section 308, or if service is made on the defendant by delivering the summons and complaint to an official of the state authorized to receive service in his behalf, then service of the answer shall be made within _______________ after service is complete

A

THIRTY (30) DAYS

18
Q

3012- Service of Pleadings and Demand for Complaint

The court may extend the time to appear or plead, or compel the acceptance of a pleading _________ served

A

untimely

19
Q

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

The Complaint shall be accompanied by a certificate executed by the plaintiff’s attorney Stating:

  • The attorney has reviewed the case and consulted with at least __________ doctor, dentist or podiatrist depending on the type of alleged malpractice and there is reason to believe there is a basis for the action
A

ONE (1)

20
Q

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

If the consultation with a doctor could not be obtained before the statute of limitations runs out, then the attorney has _________ to file the certificate from service of the complaint

A

NINETY (90) DAYS

21
Q

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

The certificate filed could also state that the attorney was unable to obtain the consultation despite making _______ good faith attempts with ________ separate physicians and none would agree to such a consultation. (The white coat wall of silence…lol)

A

THREE…… THREE

22
Q

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

Only ________ certificate per action is required, no matter how many defendants there are

A

ONE (1)

23
Q

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

If a plaintiff requests the medical or dental records of their treatment and the defendant does not provide them, then no certificate will be required by counsel for the plaintiff until _________ after the records are produced

A

NINETY(90)DAYS

24
Q

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

__________ are not required to file this attorney certificate.

A

Pro-se plaintiffs

25
Q

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

  • An attorney submitting a certificate does not need to divulge the identity of the practitioner or the contents of the consultation if they are ___________ in getting a consultation or don’t have time to get one due to ______ .
  • If they are unsuccessful after the _______ attempts, the court may require the attorney to divulge the identities.
A

Successful ……SOL………..three

26
Q

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

This section is inapplicable if the attorney intends to rely solely on the doctrine of “_____________ “ “ The thing speaks for itself’! Example: Amputating wrong leg…yikes!

A

Res Ipsa Loquitur

27
Q

3012b Certificate of Merit in Certain Residential Foreclosure Actions

  • In any foreclosure action involving a home loan in which the defendant is __________ of the property which is subject to foreclosure, a certificate signed by the attorney for the plaintiff shall accompany the complaint.
A

a resident ……..

28
Q

3012b Certificate of Merit in Certain Residential Foreclosure Actions

  • The certificate will state that the attorney has reviewed the facts of the case, and all pertinent documents, and to the best of the attorney’s knowledge, information and belief, there is ____________ for the commencement of the action
A

reasonable basis

29
Q

3012b Certificate of Merit in Certain Residential Foreclosure Actions

A copy of the mortgage or security agreement, if not attached to the summons and complaint, shall be attached to ___________ .

A

the certificate

30
Q

3012b Certificate of Merit in Certain Residential Foreclosure Actions

_________ certificate(s) is required per action

A

ONE (1)

31
Q

3012b Certificate of Merit in Certain Residential Foreclosure Actions

  • If a plaintiff willfully fails to provide copies of the papers and documents and the court finds upon motion that such papers and documents ought to have been provided, the court may ___________ the complaint or order a denial of interest, costs or attorney’s fees.
  • Any such dismissal is ___________ {in other words they can bring the action again, with hope, correctly this time).
A

Dismiss………. without prejudice

32
Q

3013- Particularity of Statements Generally

Statements in a pleading shall provide a clear explanation of what occurred and will be proven along with the ____________ of each cause of action or defense

A

material elements

33
Q

3014- Statements

  • Every pleading shall consist of plain and concise statements in _____________ paragraphs.
  • As practicable, each paragraph shall contain _________ allegation(s)
  • A copy of any writing which is attached to a pleading is a part thereof for all purposes.
A

consecutively numbered ……… a single allegation

34
Q

3015- Particularity as to Specific Matters

From Cornell University Law: A condition precedent is a condition or an event that must occur before a right, claim, duty, or interest arises.

A

3015- Particularity as to Specific Matters

From Cornell University Law: A condition precedent is a condition or an event that must occur before a right, claim, duty, or interest arises.

35
Q

3015- Particularity as to Specific Matters

  • A condition precedent in a contract need not be pleaded, but a ________ of performance or occurrence must be specific and with particularity.
  • The party relying on the performance or occurrence of the condition precedent will only need to prove on trial the specific performance or occurrence that was ______ .
A

Denial …denied

36
Q

3015- Particularity as to Specific Matters

Where any party is a corporation, the complaint shall so state and, where known, it shall specify the _________, __________, ___________ by or under whose laws the party was created.

A

state, country or government

37
Q

3015- Particularity as to Specific Matters

(Bard) A judgment, decision, or other determination of a court or tribunal may be pleaded without stating the __________ to render it.

A

jurisdiction

38
Q

3015- Particularity as to Specific Matters

Unless specifically denied in the pleadings, each _________ on a negotiable instrument is admitted.

A

signature

39
Q

3015- Particularity as to Specific Matters

  • (New) (Bard) If a plaintiff sues a consumer for conduct arising from a business that requires a license in the southern counties of NY, the complaint must allege that the plaintiff was licensed at the time of services rendered and include the name and number of the license, if any, and the governmental agency that issued the license.
  • If the plaintiff fails to comply with this subdivision, the defendant may move for dismissal of the complaint.
A

3015- Particularity as to Specific Matters

  • (New) (Bard) If a plaintiff sues a consumer for conduct arising from a business that requires a license in the southern counties of NY, the complaint must allege that the plaintiff was licensed at the time of services rendered and include the name and number of the license, if any, and the governmental agency that issued the license.
  • If the plaintiff fails to comply with this subdivision, the defendant may move for dismissal of the complaint.

CPLR - FUTURE CLERK 2023: THE CLERKENING (58 decks)

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