CPLR ART 34 Volume 2 Flashcards
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
3407- Preliminary Conference in Personal Injury Actions for the Terminally III+
The service or pendency of a motion to dismiss, summary judgment, or summary judgment in lieu of complaint shall not stay ___________ in an action where a preliminary conference order has been entered pursuant to this rule.
disclosure
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
A pre-trial conference is not required in a ________ foreclosure case where the default was triggered by the death of the last surviving _____________ , unless the spouse is a resident of the property or successor in interest of the last surviving borrower was a resident of the property at the time of death.
reverse mortgage……. borrower
3408- Mandatory Settlement Conference in Residential Foreclosure actions
At the initial conference, if a defendant appears_______ , they shall be deemed to have made a motion to proceed as a __________ and the court shall determine if this will be granted and perhaps appoint counsel. If counsel is appointed, the case will be adjourned for counsel to appear.
Pro-se…….. poor person
3408- Mandatory Settlement Conference in Residential Foreclosure actions
If the defendant is appearing __________ the court shall advise the defendant of the nature of the action and his or her rights and responsibilities as a defendant.
pro se,
3408- Mandatory Settlement Conference in Residential Foreclosure actions
Upon the filing of a request for judicial intervention in a residential foreclosure action, the court will send information about the defendant to a _________ agency to help them become aware of foreclosure prevention services.
housing counseling
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
A party to a ________ action may not charge, impose, or otherwise require payment from the other party for any cost, including but not limited to attorneys’ fees, for appearance at or participation in the settlement conference.
foreclosure
3408- Mandatory Settlement Conference in Residential Foreclosure actions
Upon a finding that the Plaintiff failed to negotiate in good faith, interest may be tolled, damages may be awarded and a civil penalty not to exceed __________
$25,000.00
3408- Mandatory Settlement Conference in Residential Foreclosure actions
Upon a finding that the Defendant failed to negotiate in good faith,the case may be removed from the conference calendar and the foreclosure will _______ on
continue
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
3409- Settlement Conference in Medical, Dental and Podiatric Malpractice Actions+
Where the parties are represented by counsel, only attorneys fully familiar with the action will be permitted to appear at the conference, the court may order the parties and others to appear as well (Review similar CPLR 3406)
3409- Settlement Conference in Medical, Dental and Podiatric Malpractice Actions+
Where the parties are represented by counsel, only attorneys fully familiar with the action will be permitted to appear at the conference,the court may order the parties and others to appear as well (Review similar CPLR 3406)
