CPLR Article 20

Question 1

T/F? If a substantial right of a party is not prejudiced, the mistake, omission, defect or irregularity shall be disregarded

Answer 1

True (CPLR 2001)

Question 2

Generally, if a substantial right of a party has been prejudiced, a judge MAY set aside within _______ year a judicial sale made pursuant to a judgment or order if it fails to comply with CPLR as to notice, time or manner of sale.

Answer 2

1 (CPLR 2003)

Question 3

T/F? Mistakes or omissions can be disregarded: 1. Only before trial? 2. At any time?

Answer 3

At any time (CPLR 2001)

Question 4

T/F? The court can in any case extend the time for doing any act

Answer 4

False (CPLR 2004)

Question 5

Generally, if a substantial right of a party has been prejudiced, a judge may set aside within \_\_\_\_\_\_ a judicial sale made pursuant to a judgment or Order if it fails to comply with the CPLR as to notice, time or manner of sale
A. 6 months
B. 1 year
C. 18 months
D. 2 years

Answer 5

B. 1 year (CPLR 2003)

Question 6

Court may permit a mistake, omission, defect or irregularity to be correct, upon such terms as may be just
A. Only before the close of the proponents case
B. Only before the close of the defendants case
C. Only before requests for interrogatories are submitted
D. At any stage of the action

Answer 6

D. At any stage of the action (CPLR 2001)

Question 7

Which of the following choices is the best choice? Except where expressly prescribed by law, the court may extend
A. The time fixed by any statute, rule, or order for doing any act
B. Extend the statute of limitations periods
C. Extend the time to appeal
D. A, B and C are all correct

Answer 7

A. The time fixed by any statute, rule or order for doing any act (CPLR 2004)

Question 8

The court may/,must at any stage of an action, permit a mistake, omission, defect or irregularity to be corrected, upon such terms as may be just

Answer 8

May (CPLR 2001)