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CPLR > CPLR Article 2 > Flashcards

CPLR Article 2 Flashcards

1
Q

Which of the following S/L is not 20 years?
A. action to recover interest or principal on a bond issued by NYS
B. action on a money judgment (extended IF debtor or his representative makes
partial payment)
C. action by state for real property
D. action to recover real property or its possessions

A

D (CPLR 211 & 212)

S/L for an action to recover real property or its possessions is 10 years.

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2
Q

Which of the following S/L is not 10 years?
A. action to recover real property or its possessions
B. action to recover letters patent after patent declared void
C. action to recover real property after grant is declared void
D. action for which no specific statue of limitations is prescribed

A

D (CPLR 213)

S/L for which no specific statue of limitations is prescribed is 6 years

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3
Q

Which of the following 2 statements are correct?
1. No court shall extend the time limited by law for the commencement of an
action.
2. The parties may agree to a shorter time than that listed in CPLR Article 2

A. both statements are not correct
B. only statement 1 is correct
C. only statement 2 is correct
D. both statements are correct

A

D (CPLR 201)

Both statements are correct

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4
Q

Which of the following 2 statements are correct?
1. In an action which is commenced by service, a claim is interposed when
the summons is served upon the defendant.
2. In an action commenced by filing, a claim is interposed when the
summons & complaint or summons with notice is filed.

A. both statements are not correct
B. only statement 1 is correct
C. only statement 2 is correct
D. both statements are correct

A

D (CPLR 203)

Both statements are correct

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5
Q 
If a defendant is outside NYS when a cause of action accrues against him, S/L starts to run when:
A. the answer is filed
B. he returns or comes into the state
C. he leaves the state
D. the summons is served
A

B. (CPLR 207)
If a defendant is outside NYS when a cause of action accrues against him, S/L
starts to un when he returns or comes into the state.

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6
Q 
If a person leaves the state after a cause of action has accrued against him, the statute of limitations TOLLS after he has been outside the state for \_\_\_\_\_\_\_.
A. 1 year
B. 6 months
C. 4 months
D. 1 month
A

C (CPLR 207)
If a person leaves the state after a cause of action has been accrued against
him, the statue of limitations tolls (stops running) after he has been outside
the state for 4 months.

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7
Q

If a person against whom a cause of action has accrued lives under a false name that is unknown to the person entitled to commence the action, the S/L tolls. HOWEVER, the above rule does NOT apply IF:
1. there is a designated person to whom a summons may be served to in NYS
2. a foreign corporation has a person or officer in NYS to whom service may
be made
3. jurisdiction may be obtained without personal delivery of summons in NYS
to defendant
A. 1 and 2 only
B. 1, 2 and 3
C. 2 and 3 only
D. 1 and 3 only

A

B (CPLR 207)

The rule does not apply in all 3 cases

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8
Q 
S/L on a contract is \_\_\_\_\_\_ years
A. 2
B. 4
C. 6
D. 7
A

C (CPLR 213)

S/L action on a contract is 6 years

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9
Q 
S/L on an arbitration award is \_\_\_\_\_years.
A. 1
B. 2
C. 3
D. none of the above
A

A (CPLR 215)

S/L action on an arbitration award is 1 year

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10
Q 
S/L on an action for which no specific S/L is prescribed is \_\_\_\_\_\_ years.
A. 2
B. 4
C. 6
D. 7
A

C. (CPLR213)

S/L action for no specific S/L is prescribed is 6 years.

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11
Q 
The S/L is extended where person entitled to commence action is under a disability because of infancy or insanity. In such cases, S/L period is extended to 3 years after termination of disability (IF S/L period was 3 years or more and expired no later that 3 years after disability ended). If time otherwise limited is less than 3 years, time shall be extended by beyond \_\_\_\_ years after cause of action accrues (EXCEPT medical, dental, or podiatric malpractice where the person was under a disability due to infancy).
A. 5
B. 7
C. 8
D. 10
A

D (CPLR 208)
Generally, time within which action must be commenced shall be extended by beyond 10 years after cause of action accrues

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12
Q

T/F No court shall extend the time limited by law for the commencement of an action

A

T (CPLR 201)

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13
Q

T/F The parties may agree in writing to a shorter time than that listed in the article.

A

T (CPLR 201)

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14
Q

If a cause of action accrues outside NYS the shorter statute of limitations of the 2 states applies, Exception: if cause of action accrues _____ of NYS resident, the S/L of NYS applies.

A

In Favor (CPLR 202)

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15
Q

For an action to be commenced timely, the claim must be _____ within the prescribed S/L.

A

Interposed (CPLR 203)

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16
Q

In an action commenced by service, the claim is interposed when the summons and complaint are served or filed.

A

Served (CPLR 203)

The claim is interposed when the summons and complaint are served

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17
Q

If a person leaves the state, S/L tolls after person is outside state for ___ months

A

4 (CPLR 207)

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18
Q

S/L in an action to recover interest or principal on a bond issued by the state is____.

A

20 Years (CPLR 211)

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19
Q

S/L in an action to recover real property or its possessions is ____.

A

10 Years (CPLR 212)

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20
Q

S/L Action on a contract or where no specific S/L is prescribed is ____

A

6 years (CPLR 213)

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21
Q

S/L Proceeding against a body of officer is ___

A

4 months (CPLR 217)

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22
Q

S/L For an action for support, alimony, or maintenance based upon default in payment is.

A

20 years (CPLR 211)

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23
Q

S/L On a residential rent overcharge is ____

A

4 years (CPLR 213-A)

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24
Q

S/L On an action to recover a chattel is ____

A

3 years (CPLR 214)

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25
Q

S/L For an action for which no specifics s/l is prescribed is ____

A

6 years (CPLR 213)

26
Q

S/L On an action for personal injury is ___

A

3 years (CPLR 214)

27
Q

S/L on an action upon an arbitration award is ____

A

1 year (CPLR 215)

28
Q 
Generally, death of claimant before commencement of action extends time to commence action to after the death of the claimant by \_\_\_\_. (Claim is commenced by the deceased's representative). In cases where the person liable (the defendant) dies, the s/l is extended by \_\_\_\_
A. 1 year...18 months
B. 18...1 year 
C. 1 year...2 years
D. none of the above
A

A (CPLR 210)

29
Q

Generally, plaintiff (of executor or administrator) may start new action within 6 months of termination of previous action if new action would have been timely commenced at start of previously terminated action and that service upon defendant is made within such 6 month period. This does NOT apply if previous action was terminated because of :
1. voluntary discontinuance or final judgment on the merits
2. failure to obtain personal jurisdiction over the defendant, or
3. dismissal for failure to prosecute the action
A. 1
B. 2
C. 1 & 2
D. 1,2, & 3

A

D (CPLR 205)

30
Q

What is the S/L on:

  1. Recover principal/interest on bonds
  2. Enforce a money judgment
  3. By state or its grantee to recover real property
  4. Support, alimony, or maintenance
A

20 years

31
Q

What is the S/L on:

  1. Recover real property or its possession
  2. Recover premises after a state grant of real property is annulled due to fraud/mistake
  3. Redeem real property from mortgage
  4. Recover under affidavit of support amounts paid to/on behalf of an alien
A

10 years

32
Q

What is the S/L for:
Action by a crime victim to recover damages from convicted perpetrator, generally; BUT, the victim must bring an action to recover money damages from convicted perpetrator within 3 years of discovery of any profits from crime PLUS, any action by victim of a felony to recover damages from convicted perpetrator must be brought within 10 years of the date of conviction

A

7 years

33
Q

What is the S/L for:

  1. DEFAULT- when no specific S/L applies
  2. Express/implied contract (except sale of goods)
  3. Sealed instrument
  4. real property mortgage, bond or note securing mortgage
  5. By state for misappropriation/spoliation of public property
  6. Based on mistake/other equitable action
  7. Derivative actions
  8. Based on fraud
  9. For contribution from other tortfeasors
A

6 years

34
Q

What is the S/L for:

  1. Overcharge of residential rent
  2. Breach of contract for sale of goods
  3. Against a housing merchant for breach of implied warranty on sale of new home
A

4 years

35
Q

What is the SOL for:
1. Against sheriff or other officer for nonpayment of funds collected
on execution of judgment
2. Statutory liability, penalty, or forfeiture
3. Recover chattel or damages for taking/detaining it
4. Property damage or personal injuries
5. Annul marriage due to fraud
6. Professional malpractice (other than medical, dental, podiatric
malpractice)
7. Damages due to strict product liability
8. Negative hiring or administrative procedures in hospitals

A

3 years

36
Q

What is the S/L for:
Medical, dental, or podiatric malpractice, including lack of informed consent *If action is for foreign object unintentionally left in a patient, action must be brought w/in 1 year of discovery, or the date of discovery of facts that would lead to such discovery (whichever is earlier)

A

2 years and 6 months

37
Q

What is the S/L for:

Wrongful death

A

2 years

38
Q

What is the S/L for:
Actions against a village over a contract
*Written claim must be filed with village clerk w/in 1 year of accrual

A

18 months

39
Q

What is the S/L for:
Actions in tort against municipalities
* Notice of claim must be filed w municipality w/in 90 days of accrual
*Action cannot be brought until at least 30 days after filing notice of
claim w/out payment
* Villages must be given written notice of dangerous/defective
conditions of public ways, and given a reasonable time to correct
condition

A

1 year and 90 days

40
Q

What is the S/L for:

Article 78 proceedings

A

4 months

41
Q

In rules for extending/shortening S/L, when shortening, parties may agree _______ to shorten the limitations period.

A

In writing

42
Q

In rules for extending/shortening S/L for sale of goods, S/L can not be reduced to____________.

A

less than 1 year

43
Q

In rules for extending/shortening S/L for extending, parties to a contract may agree to extend limitations period, in writing signed by the party against whom enforcement is sought, but only if _____________.

A

if the agreement is entered after accrual of

the cause of action.

44
Q

In rules for extending/shortening S/L for the sale of goods, it can’t extend beyond _________

A

4 years

45
Q

______ means the Defendant may be deemed to have waived S/L defense if Defendant fails to timely assert it

A

Waiver of S/L

46
Q

S/L for Breach of Contract
(Real Estate Contract, Employment Contract, Service Contract, Contract to Build):
______from date cause of action accrued. ________ is generally date of breach
-Date of breach on construction contract is generally date of completion
But terms of contract can affect date of breach

A

6 years …. Accrual date

47
Q

_______ is a legal action to recover personal property from Defendant, which belongs to Plaintiff, and Defendant has wrongfully refused to return after Plaintiff made demand for it.

A

Replevin Action

48
Q

S/L for action based on fraud; the time within which the action must be commenced shall be the greater of ____ from date the cause of action accrued or ____ from date Plaintiff discovered the fraud

A

6 years…. 2 years

49
Q

Which of the following S/L is not 20 years?
A. action to recover interest on principal on a bond issued
issued by NYS
B. action on a money judgment (extended IF debtor or his representative makes
partial payment)
C. action by state for real property
D. action to recover real property or its possessions

A

D. action to recover real property or its possessions (CPLR 211 and 212)

50
Q

Which of the following S/L is not 10 years?
A. action to recover real property or its possessions
B. action to recover letters patent after patent declared void
C. action to recover real property after grant is declared void
D. action for which no specific statute of limitations is prescribed

A

D. action for which no specific statute of limitations is prescribed (CPLR 213)

51
Q

Which of the following 2 statements are correct?
1. No court shall extend the time limited by law for the commencement of an
action.
2. The parties may agree to a shorter time than listed in CPLR Article 2.
A. Both statements are not correct
B. Only statement 1 is correct
C. Only statement 2 is correct
D. Both statements are correct

A

D. Both statements are correct (CPLR 201)

52
Q

Which of the following 2 statements are correct?
1. In an action which is commenced by service, a claim is interposed when
the summons is served upon the defendant.
2. In an action commenced by filing, a claim is interposed when the
summons and complaint or summons with notice is filed.
A. Both statements are not correct
B. Only statement 1 is correct
C. Only statement 2 is correct
D. Both statements are correct

A

D. Both statements are correct (CPLR 203)

53
Q 
If a defendant is outside NYS when a cause of action accrues against him, S/L starts to run when:
A. the answer is filed
B. he returns or comes into the state
C. he leaves the state
D. the summons is served
A

B. he returns or comes into the state (CPLR 207)

54
Q 
If a person leaves the state after a cause of action has accrued against him, the statute of limitations TOLLS (stops running) after he has been outside the state for \_\_\_\_\_\_.
A. 1 year
B. 6 months
C. 4 months
D. 1 month
A

C. 4 months (CPLR 207)

55
Q

If a person against whom a cause of action has accrued lives under a false name that is unknown to the person entitled to commence the action, the S/L tolls (stops running). HOWEVER, the above rule does NOT apply IF:
1. there is a designated person to whom summons may be served in NYS, or
2. a foreign corporation has a person or officer in NYS to whom service may
be made, or
3. jurisdiction may be obtained without personal delivery of summons in NYS
to defendant
A. 1 and 2 only
B. 1, 2 and 3
C. 2 and 3 only
D. 1 and 3 only

A

B. 1, 2 and 3 (CPLR 207)

56
Q 
S/L on a contract is \_\_\_\_ years
A. 2
B. 4
C. 6
D. 7
A

C. 6 years (CPLR 213)

57
Q 
S/L on an arbitration award is \_\_\_\_\_ years
A. 1
B. 2
C. 3
D. none of the above
A

A. 1 (CPLR 215)

58
Q 
S/L on an action for which no specific S/L is prescribed is \_\_\_\_\_ years.
A. 2
B. 4
C. 6
D. 7
A

C. 6 (CPLR 213)

59
Q 
The S/L is extended in cases where person entitled to commence action is under a disability because of infancy or insanity. In such cases, S/L period is extended to 3 years after termination of disability (IF S/L period was 3 years or more and expired no later than 3 years after disability ended). If time otherwise limited is less than 3 years, time shall be extended by period of disability. Generally, time within which action must be commenced shall not be extended by beyond \_\_\_\_ years after cause of action accrues (Exception: medical, dental, or podiatric malpractice where the person was under a disability due to infancy).
A. 5
B. 7
C. 8
D. 10
A

D. 10 (CPLR 208)

60
Q 
Generally, death of claimant before commencement of action extends time to commence action to after the death of the claimant by \_\_\_\_. (Claim is commenced by the deceased's representative). In cases where the person liable (the defendant) dies, the S/L is extended by \_\_\_\_\_.
A. 1 year... 18 months
B. 18 months... 1 year
C. 1 year... 2 years
D. None of the above
A

A. 1 year…. 18 months (CPLR 210)

61
Q

Generally, plaintiff (or executor or administrator) may start new action within 6 months of termination of previous action if new action would have been timely commenced at start of previously terminated action and that service upon defendant is made within such 6 month period. This does NOT apply if previous action was terminated because of:
1. voluntary discontinuance or final judgment on the merits
2. failure to obtain personal jurisdiction over the defendant
3. dismissal for failure to prosecute the action
A. 1 only
B. 2 only
C. 1 and 2 only
D. 1, 2 and 3

A

D. 1, 2 and 3 (CPLR 205)

CPLR (29 decks)

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