CPLR Art 50 Volume 1 Flashcards
5001- Interest to verdict, report or decision+
This section affects _______ and _______ Cases only
Contracts ……. Real Property
5001- Interest to verdict, report or decision+
- This is when interest is computed from the ___________ date the cause of action existed up to the verdict.
- Such date shall be specified in the verdict or decision.
- If the jury does not specify the date, the court upon motion shall fix the date except when the date is certain and not in dispute it may be fixed by the ______________.
- The amount of interest SHALL be computed by the clerk of the court to the date the verdict was rendered and included in the ___________ awarded
earliest ascertainable…… clerk of the court……. total sum
5002- Interest from verdict
- This is interest that shall be recovered upon a total sum awarded from the date of the ________ or _________ to the date of the entry of the final judgment.
- The amount of interest SHALL be computed by the _________ and included in the judgment
Verdict……… decision……. clerk of the court
5003- Interest Upon Judgment
- This section applies to every __________ issued by the Court
- Every money judgment shall bear interest from the date of its ________ and every order directing payment of money bears interest from the date it was ____________
Money Judgment ………. entry ……… docketed
5003a- Prompt Payment Following Settlement+
Prompt payments are expected after a matter has been settled within __________ after the plaintiff delivers a duly executed release and stipulation discontinuing the action
TWENTY ONE (21)DAYS
5003a- Prompt Payment Following Settlement+
When the defendant expected to pay is a municipality, then payment shall take place within __________ after the plaintiff delivers a duly executed release and stipulation discontinuing the action
NINETY(90)DAYS
5003a- Prompt Payment Following Settlement+
Payment shall also be made within _______________ when the defendant is the State from the day the _________ receives all papers required by him
NINETY(90)DAYS……comptroller
5003a- Prompt Payment Following Settlement+
- The provisions of this paragraph do not apply to insurance companies that insure municipalities, subdivisions of municipalities, the state, an officer or employee of the state entitled to indemnification or public corporations that are not indemnified by the state.
- The ___________ period applies to them.
twenty-one (21) day
5003a- Prompt Payment Following Settlement+
If the defendant fails to promptly pay all sums required, a money judgment can be entered against them without _________ .
further notice
NEW 5003-b. Nondisclosure agreements. (I would know this. It’s ripe for a question)
(Bard) For any claim or cause of action arising from ____________ , employers cannot include a term or condition of confidentiality in a settlement agreement that prevents the disclosure of the underlying facts and circumstances of the discrimination claim unless such confidentiality is the PLAINTIFF’S preference.
discrimination
NEW 5003-b. Nondisclosure agreements. (I would know this. It’s ripe for a question)
- Any such term or condition of confidentiality MUST be provided to all parties, and the plaintiff shall have ____________ to consider such term or condition.
- If after ___________ such term or condition is the plaintiff’s preference, such preference shall be memorialized in an agreement signed by all parties.
TWENTY-ONE (21) DAYS …………TWENTY-ONE (21) DAYS
NEW 5003-b. Nondisclosure agreements. (I would know this. It’s ripe for a question)
For a period of at least ____________ following the execution of such agreement, the plaintiff MAY revoke the agreement, and the agreement shall not become effective or be enforceable until such revocation period has expired.
SEVEN (7) DAYS
NEW 5004. Rate of interest. KNOW THIS!+
Interest shall be at the rate of ______________ per annum, except where otherwise provided by statute
nine percent
NEW 5004. Rate of interest. KNOW THIS!+
The annual rate of interest to be paid in an action arising out of a consumer debt where a natural person is a defendant shall be ______________ PER ANNUM.
TWO PERCENT (2%)
NEW 5004. Rate of interest. KNOW THIS!+
The new interest rates will apply to consumer debt judgments ____________ on or after January 1, 2022, and to __________ of judgments entered before January 1, 2022.
Entered…….. unpaid portions
5011- Definition and Content of Judgment
A judgment is a determination of the _______ of the parties in an action or special proceeding and may be either ___________ (temporary) or final
rights….. interlocutory
5011- Definition and Content of Judgment
A judgment shall state the _______ or ___________ or recite the default within which it is based
verdict or decision
5011- Definition and Content of Judgment
A judgment may direct that property be paid into _______
court
5011- Definition and Content of Judgment
When an incarcerated defendant is awarded damages, the court shall give prompt written notice to the office of __________ and shall direct that no payment be made to such inmate for a period of ___________ following the date of the entry of the order
victims services…… THIRTY (30) DAYS
5012- Judgment upon part of cause of action; upon several causes.
The court, having ordered a _________ , may direct judgment upon a part of a cause of action or upon one or more causes of action as to one or more parties.
severance
5013- Effect of Judgment Dismissing Claim
A judgment dismissing an action _________ the close of the proponent’s evidence is NOT a dismissal on the merits BUT a judgment _________ the close of the proponent’s evidence IS a dismissal on the merits
Before ……… after
5013- Effect of Judgment Dismissing Claim
BEFORE the close of proponent’s evidence – ____________ the merits
AFTER the close of proponent’s evidence – _____________ the merits
NOT on ………. on
5014- Action Upon Judgment+
- An action upon an existing money judgment can only be maintained where ___________ have elapsed since the first docketing of the judgment or in the case of a default judgment where the summons was served by a method other than __________
- In the first instance above, such action must be commenced during the year ________ to the expiration of the Ten years. The new judgment shall be designated a ______ Judgment. The lien upon the new judgment will take effect upon the expiration of Ten years of the docketing of the ________ judgment
TEN(10)YEARS….personal delivery….prior….. Renewal…….original
5015- Relief From Judgment or Order+
The court upon motion filed may relieve a party from a judgment on the ground of:
- ___________, ___________, ___________ of the prior judgment or order
- ___________ -If motion is made within ONE(l)YEAR of service of a copy of the judgment or order with written notice of its entry
- ___________ to render the judgment
- _________ that is newly discovered which would have changed verdict
- ________, ____________ or other misconduct
Reversal, modification or vacatur……. Excusable Default……… Lack of jurisdiction….. Evidence….. Fraud, misrepresentation
