CPLR ART 30 VOLUME TWO

Question 1

3016. Particularity in specific actions

In an action for libel or slander, the _____________ complained of shall be set forth in the complaint, but their application to the plaintiff may be stated ___________ .

Answer 1

particular words…………… generally

Question 2

3016. Particularity in specific actions

Where a cause of action or defense is based upon misrepresentation, fraud, mistake, wilful default, breach of trust or undue influence, the ____________ shall be stated in detail.

Answer 2

circumstances constituting the wrong

Question 3

3016. Particularity in specific actions

In an action for separation or divorce, the details of a party’s _____________ shall be specified

Answer 3

alleged misconduct

Question 4

3016. Particularity in specific actions

In an action on a judgment, the complaint shall state the extent to which any judgment against the defendant(s) has _______________ .

Answer 4

already been satisfied

Question 5

3016. Particularity in specific actions

Where a cause of action or defense is based upon the law of a ___________ , the substance of the ____________ relied upon shall be stated.

Answer 5

foreign country………. foreign law

Question 6

3016. Particularity in specific actions

• (Bard) In a sale and delivery of goods, labor or services, or the furnishing of materials case, the plaintiff must specify __________ of their claim and the reasonable value or agreed price of each in their verified complaint.
• The defendant must then indicate specifically which ___________ they dispute and in what respect they dispute in their _________ answer.

Answer 6

the items……… items……… verified

Question 7

3016. Particularity in specific actions

In actions arising out of personal injuries incurred due to negligence in operating a motor vehicle, the complaint shall state that the plaintiff’s sustained serious injury or economic loss greater than the ___________ of_______________ per person of various expenses following the injury, e.g. medical costs, loss of earnings, etc.

Answer 7

basic economic loss…………. $50,000

Question 8

3016. Particularity in specific actions

Actions against directors, officers, or trustees of certain not for profit corporations or trust shall state whether or not the complaint is based upon ____________ or _____________

Answer 8

gross negligence or intentional harm

Question 9

3016. Particularity in specific actions

• (Bard) In any proceeding brought against a college or university to vacate or modify a finding that a student was responsible for a violation of college or university rules due to a __________ , the name and identifying biographical information of ANY student shall be presumptively confidential and shall not be included in the pleadings and other papers unless waived or shown to be necessary by the court.
• Such witnesses shall be identified only by a ___________
• The clerk shall__________ identifying information absent a waiver or cause shown and notify the parties.

Answer 9

sex offense ………..Number………… redact identifying information

Question 10

3016. Particularity in specific actions

• In a consumer credit transaction lawsuit where the defendant is a purchaser, borrower, or debtor, the complaint must include the __________ or other written instrument on which the action is based.
• If the account was a revolving credit account, the ___________ may be attached instead along with particular information about the account, the account holder, and the history and details of the account.

Answer 10

Contract……. charge-off statement

Question 11

3017- Demand for Relief

The court can grant _________ within its jurisdiction even if not demanded in the complaint, Except for the 3215 _______________

Answer 11

any relief……….Default judgment

Question 12

3017- Demand for Relief

• Except for matters involving Personal injury or Wrongful death, all complaints or claims shall contain a demand for_____________ .
• This is commonly referred to as the “______________ “.
• It can also contain alternative or several kinds of relief.

Answer 12

the relief being sought………….. Wherefore Clause

Question 13

3017- Demand for Relief

• In matters of Personal injury or wrongful death there shall be a prayer for general relief but shall not state the amount of damages being sought, but if it is brought before the _________ court, it shall state if the amount exceeds the ___________ of all lower courts.
• A defendant in such a case can ask for a ___________ to find out the specific damages sought. Such a demand must be complied with by plaintiff within _______________ of such Demand or else the Court on motion may order that it be served

Answer 13

supreme court….. , JURISDICTION…… SUPPLEMENTAL DEMAND …… FIFTEEN DAYS

Question 14

3018- Responsive Pleadings

• A party shall deny those statements known to him to be __________ and state those allegations of which he has _________ which is also deemed a ________.
• All other statements of a pleading are deemed ___________

Answer 14

Untrue ……… no knowledge….denial…. admitted

Question 15

3018- Responsive Pleadings

If a party has an _________ it should state so in its answer as to not take the adverse party by surprise

Answer 15

affirmative defense

Question 16

3018- Responsive Pleadings

The following lists some of the affirmative defenses commonly used:
*New FutureClerk Hint: IC SPARE RIBS - “I’m getting hungry lol”

• Illegality by statute or common law
• Culpable Conduct on the part of others - Art. 14A
• Statute of limitation
• Payment
• Arbitration and award
• Res Judicata - a matter already judged
• Estoppel (Collateral) “ a stoppage on - relitigation of prior decision”
• Release
• Infancy
• Bankruptcy
• Statute of Frauds

Answer 16

3018- Responsive Pleadings

The following lists some of the affirmative defenses commonly used:
*New FutureClerk Hint: IC SPARE RIBS - “I’m getting hungry lol”

• Illegality by statute or common law
• Culpable Conduct on the part of others - Art. 14A
• Statute of limitation
• Payment
• Arbitration and award
• Res Judicata - a matter already judged
• Estoppel (Collateral) “ a stoppage on - relitigation of prior decision”
• Release
• Infancy
• Bankruptcy
• Statute of Frauds

Question 17

3019- Counterclaims and Cross-Claims+

• Counterclaim- This is generally a claim against the _______ who initiated the action by a defendant
• You cannot counterclaim against a plaintiff who is a trustee or filing on behalf of someone else if they themselves have no interest in the contract, but you can counterclaim against the person _________ in the claim.

Answer 17

Plaintiff …….. with interest

Question 18

3019- Counterclaims and Cross-Claims+

• Cross Claim-This is generally a claim against other _________ (It’s a battle of the defendants ALREADY IN THE ACTION!!!!!)
• Don’t confuse Cross claim with Impleader (Third Party complaint) as Impleader brings in someone not yet a party to the action where Cross Claim is between defendants already in the action.

Answer 18

defendants

Question 19

3019- Counterclaims and Cross-Claims+

A counterclaim or crossclaim can initiate an _________ bringing in a new defendant

Answer 19

impleader

Question 20

3019- Counterclaims and Cross-Claims+

A cause of action contained in a counterclaim or cross-claim shall be considered a ___________, but will not be handled separately unless the court orders so

Answer 20

complaint

Question 21

3020- Verification

A verification is a _________ that the pleading is true to the knowledge of the deponent and as to matters alleged on information and belief, i.e. those matters he believes it to be true

Answer 21

sworn statement

Question 22

3020- Verification

Where a pleading is verified all subsequent pleadings must be ___________ .

• EXCEPTION: The answer by an _________

Answer 22

Verified…….. INFANT

Question 23

3020- Verification

If a complaint is not verified, subsequent counterclaims, cross-claims, and third-party claims (CAN/CANNOT) verified

Answer 23

CAN

Question 24

3020- Verification

In certain cases answers must be verified:

• 1. When the defendant has confessed or suffered a ________
• 2. Executed a __________, assignment or other instrument
• 3. Transferred or delivered money or personal property with the intent to __________ or delay his creditors
• 4. With any _________ affecting a right or property of another
• 5. In an action against a corporation for __________ of money

Answer 24

Judgment…………. conveyance………defraud ….. fraud ……… non-payment

Question 25

3020- Verification

A defense which does not involve the merits of the action shall be ___________

Answer 25

verified.

Question 26

3020- Verification

Generally verifications are done by the party or parties in the action themselves who are familiar with ____________ or a designated person within an organization

Answer 26

the facts

Question 27

3020- Verification

The verification of a pleading can be made by the party acquainted with the facts, except the following parties can verify:

• For a domestic corporation - an ____________
• The state or government organization - a person ______________________
• The party is a foreign corporation or The party is not in the county where the attorney has their office; or

There are two or more parties united in interest and pleading together and none of them acquainted with the facts is within that county; or

The action or defense is founded upon a written instrument for the payment of money only which is in the possession of an agent or the attorney if all the material allegations of the pleading are within the personal knowledge of an agent or the attorney, the verification may be made by such ______ or ____________

Answer 27

Officer………acquainted with the facts…. agent…. attorney

Question 28

3021- Form of Affidavit

• The form of the affidavit of verification must be to the effect that to the knowledge of the deponent the pleading ______________ or if on information and belief he believes it to ________________
• If made by someone other than a party, the affidavit must state why it was not ____________

Answer 28

is true….be true….. made by the party

Question 29

3022- Remedy for Defective Verification

*A defectively verified pleading shall be treated as an ______________ pleading. Simple concept but could easily be formulated into a tricky question

Answer 29

unverified

Question 30

3022- Remedy for Defective Verification

If a pleading is served without a sufficient verification, the opposing party can treat it as a __________ however, they must notify the attorney of the opposing party of their intent to do so with due diligence.

Answer 30

nullity

Question 31

3023- Construction of Verified Pleading+

The allegations or denials in a verified pleading must be made by ______________

Answer 31

the party pleading

Question 32

3024- Motions to Correct Pleadings

If a pleading is so vague or ambiguous that a party cannot reasonably be required to frame a response he may move for a more ___________

Answer 32

definite statement.

Question 33

3024- Motions to Correct Pleadings

• A party may move to strike any scandalous or prejudicial matter unnecessarily inserted in a pleading
• Such motions to correct must be served within ____________ after being served with the pleading.
• If the Judge grants the motion to correct the pleading, then the amended pleading must be served within ____________ of service of the notice of entry of the order on motion.
• If it is denied, then the defendant’s responsive pleading must be served within the same ______________ period

Answer 33

TWENTY (20) DAYS ……… TEN (10) DAYS ……….. TEN (10) DAY