Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CPLR > CPLR Article 3 > Flashcards

CPLR Article 3 Flashcards

1
Q

T/F, The court shall not exercise personal jurisdiction over non-domiciliary

A

False (CPLR 302)
The court may exercise personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent qualifies under the criteria in CPLR 302

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Party who starts an action in NYS and who is not subject to personal jurisdiction may be served in other specified separate actions through his attorney appears for him, the ____, during pendency of action

A

Clerk of the court (CPLR 303)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

If the court finds that circumstances prevent immediate filing, the signing of an order requiring filing on specified time and date (no later than ____ days thereafter) shall commence the action

A

5 (CPLR 304)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

T/F, Filing may be by electronic means, but not by facsimile transmission

A

False (CPLR 304)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

If complaint is not served with summons, a _____ stating nature of action and relief sought must be attached

A

Notice (CPLR 305)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

T/F, court may allow summons or proof of service of a summons to be amended only within 30 days after service

A

False (CPLR 305)

amended at any time if a substantial right of a party is not prejudiced.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Proof of service shall be in the form of a ____ if service is made by a sheriff or other public servant

A

Certificate (CPLR 306)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

If service is made by an individual, proof of service shall be in the form of a(n) ____

A

Affidavit (CPLR 306)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Service may be made in such manner as the court directs upon motion (with/without) notice if service is impracticable under section 1, 2 and 4 of CPLR 308

A

Without (CPLR 308)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Personal service on an incompetent may be made on the ____ of the incompetent.

A

Committee (CPLR 309)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

T/F, Personal service on attorney general may not be made to assistant attorney general in NYS

A

False (CPLR 307)

May be made

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

In service to person of suitable age and discretion, mailing must be done within ___ days of service to person of suitable age and discretion

A

20 (CPLR 308)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

In nail and mail and service to person of suitable age and discretion, service is complete ___ days after filing proof of service

A

10 (CPLR 308)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

An infant of the age of 14 or over must also be served

A

(CPLR 309) 14

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

To serve a partnership, who may be served?

A

Any partner may be served (CPLR 310)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

In nail and mail, filing proof of service must be done within ___ days of nailing or mailing whichever is done last

A

(CPLR 308) 20

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

T/F A corporation can be served by serving any employee

A

False (CPLR 311) A MAC DOG

Assistant cashier, Manager, Agent, Cashier (treasurer), Director, Officer, General Agent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

T/F To serve NYC, you can serve the mayor

A

False (CPLR 311)

In NYC you cannot serve the mayor. (You can serve the mayor in other cities, but not NYC).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

T/F If service cannot be made as per the prescribed methods, service may be made in any manner the courts directs

A

True (CPLR 310-A & 311-A)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

T/F You need a court order to serve by mail

A

False (CPLR 312A)

You do not need a court order to serve by mail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

T/F Service by mail can be done by plaintiff or any other person

A

True (CPLR 312A)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Acknowledgment of receipt must be mailed or delivered within ____ days of receipt

A

30 (CPLR 312A)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Answer must be filed within ___ days after signed acknowledgment is mailed or delivered to sender

A

20 (CPLR 312A)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

T/F A court order is needed for service by publication

A

True (CPLR 316)
Summarize service by publication requirements:
1st publication shall be made within 30 days after the order is granted. 2 newspapers, at least 1 in English, at least 1 in each of 4 consecutive weeks. Service is complete on the 28th day after the day of 1st publication. (In matrimonial actions, 1 newspaper at least one in each of consecutive weeks. Mailing of summons to person served is also required in matrimonial action). Service is complete on the 21st day after 1st publication.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

A person not served by personal delivery has up to __ year(s) after he discovers default judgment to come in and defend action (but no more than 5 years after entry of judgment).

A

1 (CPLR 317)
(but no more than 5 years after judgment is entered). A person not served by personal delivery has up to 1 year after he discovers default judgment to come in and defend action (but no more than 5 years after entry of judgment)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

When summons is served by personal delivery within NYS, defendant has ___ days after such delivery to answer.

A

20 (CPLR 320)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

When a summons is served by other than personal delivery, defendant has ___ days after service is complete to answer

A

30 (CPLR 320)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

A corporation and voluntary association must appear by _____.

A

Attorney (CPLR 321)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

To serve a corporation, you can serve an officer, director, manager, cashier (treasurer), assistant casher or ____.

A

Agent (CPLR 311)

30
Q

What commences an action?

A

Filing of the summons and complaint (or summons with notice). A special proceeding is commenced by the filing of the petition (CPLR 304)

31
Q

T/F The service of a notice of petition commences a special proceeding

A

False (CPLR 304)

Generally the FILING of the petition commences a special proceeding

32
Q

T/F Filing under this section means the delivery of the summons with notice or summons and complaint to the clerk of the court (CPLR 304)

A

False (CPLR 304)
“Filing” includes payment to the clerk of the required fee. ALSO, where court finds that immediate filing cannot be done, SIGNING by the court of and order requiring filing at specified date and time within 5 days of signing of the order commences the action

33
Q

T/F At the time of filing the petition and notice of petition, the clerk is required to date stamp the original papers, but not copies thereof.

A

False (CPLR 304)

Clerk must stamp the original and 1 copy

34
Q

If filing is by fax, clerk must return a date stamped copy of ______ and the index number

A

The fist page of the papers (CPLR 304)

35
Q

If filing is by electronic means, clerk must notify filing part of ____ and date and time of filing

A

Index number (CPLR 304)

36
Q

A summons shall specify: 4 things

A
  1. basis of venue
  2. residence of plaintiff (if based on residence)
  3. index number
  4. date filed with clerk (CPLR 305)
37
Q

T/F In a consumer credit transaction, county of residence of defendant (if within NYS) and county where transaction took place (if within the state) must appear on the summons.

A

True (CPLR 305)

38
Q

A ____ is used to bring a new party into an action

A

Supplemental summons (CPLR 305)

39
Q

In a Supreme Court case, generally service must be made within ____days after filing summons and complaint.

A

120 (CPLR 306b)

40
Q

T/F Filing under Section CPLR 304 means the delivery of the
summons with notice or summons and complaint to the clerk of
court.

A

FALSE.
Definition of “filing” includes payment to the clerk of the
required fee. ALSO, where the court finds that immediate filing
can’t be done, SIGNING by the court of an order requiring filing at
specified date & time within 5 days of signing of the order
commences the action.

41
Q

Which of the following is false: Proof of service may
be:
1. in the form of a certificate, if service was made by sheriff.
2. in the form of affidavit, if service was made by person.
3. in the form of affidavit, if service was made by authorized public
officer.
A. 1 and 3 only
B. 1 only
C. 3 only
D. 2 and 3 only

A

C (CPLR 306)

42
Q

Which one of the following is not correct?
A. Filing may be done by facsimile transmission (FAX) or by electronic
means
B. If filing is by fax, clerk must return date stamped copy of all pages of
the papers and the index number
C. If filing is by electronic means, the clerk must notify the filing party of
the index number and date and time of filing.
D. A confirmation record of fax machine or computer and affidavit of
filing by the filing party is prima facie evidence of transmittal

A

B (CPLR 304)

Clerk must return date stamped copy of first page of papers and the index number (not a copy of all the papers)

43
Q 
A party who starts an action in NYS and who is not subject to personal jurisdiction may be served in other specified separate actions through his: 
A. agent  
B. out of state mailing address 
C. attorney
D. none of the above
A

C (CPLR 303)

or if no attorney appears for him, Clerk of court, during pendency of action.

44
Q

A special proceeding is commenced by:
A. filing of summons and complaint or summons with notice
B. service of summons and complaint or summons with notice
C. filing of petition
D. service of petition and notice of petition

A

C (CPLR 304)

45
Q

Which of the following is not correct? At the time of filing of a petition, they shall:
A. stamp the original and a copy of the papers.
B. retain the original
C. return the copy to the party filing the papers
D. mail by certified mail a copy to the respondent

A

D (CPLR 304)

The clerk is not required to mail a copy of the papers to the respondent

46
Q

Which of the following is not correct? A summons shall specify:
A. basis of venue designated (and plaintiff’s address if that is basis of
venue)
B. index number
C. name of clerk who issued index number
D. date of filing with the clerk of the court

A

C (CPLR 305)

47
Q

Court may allow summons or proof of service of a summons to be amended _____ if a substantial right of a party is not prejudiced.
A. at the time of filing proof of service only
B. within 15 days of service
C. within 30 days of filing proof of service
D. at any time

A

D (CPLR 305)

48
Q

Which of the following is not correct? A summons in a consumer credit transaction shall:
A. prominently display at the top of the summons the words “consumer
credit transaction”, and
B. specify the county of residence of the defendant (if defendant lives
within NYS), and
C. specify county where transaction took place, if within NYS
D. specify the county where item was manufactured.

A

D (CPLR 305)

Consumer credit transaction does not have to specify the county where item was manufactured

49
Q

Which of the following is not correct? Upon the filing of the summons and complaint (or summons with notice) in Supreme or County Court:
A. an index number shall be assigned
B. a fee shall be paid
C. if the filing is to bring in a third party, a fee shall be paid.
D. if the filing is to bring in a third party, a separate index number shall
be assigned

A

D (CPLR 306-A)
an index number shall be assigned and the fee paid (except that when the filing is to bring in a third party, a fee shall be paid, but a separate index number shall not be assigned)

50
Q 
An individual who has suffered personal injuries and received medical assistance from social services and commences an action shall notify social service district or department of health (certified mail, return receipt requested) within \_\_\_ days of completion of service on all parties 
A. 30 
B. 60 
C. 90 
D. 120
A

B (CPLR 306-C)

51
Q

Which of the following statements is not correct? Personal service upon a natural person may be made:
A. by personal delivery of the summons to person within NYS
B. by delivery of summons in NYS to person of suitable age and
discretion, at person’s place of business, dwelling, abode, and
either mailing summons to person’s last known residence or actual
place of business (first class mail) with notation “personal and
confidential” on envelope.
C. delivery and mailing must be made within 20 days of each other.
D. filing with clerk must be done within 20 days of delivery or mailing
(whichever is done last)
E. service is complete 20 days after filing proof of service

A

E (CPLR 308)

Service is complete 10 days after filing proof of service

52
Q 
Where the court directs that a new party be joined in the action and the order is not made upon the new party's motion, a \_\_\_\_\_ summons shall be served upon such party. 
A. third party 
B. interpleader 
C. supplemental 
D. duplicate
A

C (CPLR 305)

53
Q

117

Which of the following is false: Proof of service may be
1. in the form of a certificate, if service was made by a sheriff
2. in the form of an affidavit, if service was made by a person
3. in form of affidavit, if service was made by authorized public officer
A. 1 & 3 only
B. 1 only
C. 3 only
D. 2 & 3 only

A

C (CPLR 306)

If service is made by a public officer, the proof of service shall be in the form of a certificate.

54
Q

If proof of service in an action commenced in supreme or county court is not filed with the clerk of the court within 120 days after date of filing of the summons and complaint:
A. action will be automatically dismissed
B. defendant may move for dismissal
C. time to file is automatically extended by 10 days
D. none of the above

A

B (CPLR 306-B)

55
Q 
Where service is by NAIL AND MAIL or by delivery to person of suitable age and discretion and then mailing, delivery and mailing must be done within 20 days of each other. In such cases, service is complete \_\_\_ days after filing proof of service is filed with the clerk 
A. 10 
B. 20 
C. 30 
D. none of the above
A

A (CPLR 308)

56
Q 
In personal service upon an infant, if the infant is of the age of \_\_\_ or over, the summons shall also be personally served on the infant. 
A. 7 
B. 10 
C. 14 
D. 16
A

C (CPLR 309)

57
Q

Which of the following is false? Personal service on partnership may be made by personally serving summons on:
1. any one of the partners
2. the managing agent of partnership, & mailing to a named
partner.
3. the spouse of any one of the partners, and mailing to a partner
4. person in charge of partnership office in NYS, & mailing to partner
A 1 & 4 only
B. 2 only
C. 3 only
D. 2 & 3 only

A

C (CPLR 310)

A partner may be served, but not the spouse of the partner.

58
Q 
A person to whom summons was not personally delivered and who does not appear may be allowed to defend the action within \_\_\_ year(s) after he obtains knowledge of the entry of judgment. However the preceding period cannot extend more than \_\_\_ years after such entry. 
A. 1....5 
B. 4....7 
C. 5....7 
D. 7....20
A

A (CPLR 317)

59
Q

Which of the following statements are true? A court may exercise personal jurisdiction over any non-domiciliary, his executor or administrator who in person or through an agent:
1. transacts business within NYS or contracts anywhere to supply
goods or services in NYS, or
2. commits a tortious act without the state (except defamation of
character); or
3. owns, uses or possesses any real property in the state.
A. 1,2 & 3
B. 1 & 2 only
C. 2 & 3 only
D. 1 & 3 only

A

D (CPLR 302)

commits a tortious act WITHIN the state (except defamation of character)

60
Q

Which of the following 2 statements are true?
Filing may be done by facsimile transmission (FAX) or by electronic means (CPLR 2103(F))
1. If filing is by fax, clerk must return date stamped copy of first
page of papers and the index number
2. If filing is by electronic means, clerk must notify filing party of
index number, date and time of filing
A. 1 only
B. 2 only
C. both 1 & 2
D. neither 1 nor 2

A

C (CPLR 304)

61
Q 
A summons shall specify: 
     1. basis of venue designated (and plaintiff's address if that is basis of 
         venue) 
     2. index number 
     3. date of filing with the clerk of the court 
A. 1 & 2 only 
B. 1, 2 & 3 
C. 1 & 3 only 
D. 2 & 3 only
A

B (CPLR 305)

62
Q

A summons in a consumer credit transaction shall:
1. prominently display at top of the summons the word “consumer
credit transaction”, and
2. specify the county of residence of the defendant (if defendant
lives within NYS), and
3. specify county where transaction took place, if outside NYS.
A. 1, 2 & 3
B. 1 only
C. 1 & 3 only
D. 1 & 2 only

A

D (CPLR 305)

County outside NYS is not a requirement

63
Q

Which of the following 2 statements are correct?
1. Generally, proof of service must specify papers served, date,
time, and address of service (if no address, place and manner of
service) and facts showing service was done by an authorized
person in an authorized manner
2. If service is made by delivery to an individual, proof of service
(affidavit) shall include description of person (sex, skin color, hair
color, approx. age, weight and height, and other identifying
features),
A. 1 only
B. 2 only 3
C. both 1 & 2
D. neither 1 nor 2

A

C (CPLR 306)

64
Q

One method of personal service on a state officer sued in his official capacity is to deliver the summons to the ___ of designee of the agency.
A. secretary of the agency
B. supervisor of the office
C. person of suitable age and discretion at agency
D. chief executive officer

A

D (CPLR 307)

65
Q

Which is not correct? Personal service on infant may be made by personally serving summons within NYS:
A. upon a parent or any guardian, or
B. other person having legal custody, or
C. if infant is married, to adult spouse with whom infant resides or,
D. if none are within NYS, to any teacher at the infant’s school

A

D (CPLR 309)

Teachers may not be served in lieu of an infant

66
Q

Which of the following statements relating to service of defendant in parenthesis is not correct?
A. (NYC) You can serve mayor or other person designated by him to
receive process
B. (Any city other than NYC) You can serve the mayor, comptroller,
treasurer, counsel, clerk
C. (County) You can serve chairman or clerk of board of supervisors <
clerk, attorney or treasurer
D. (Town) You can serve supervisor or clerk

A

A (CPLR 311)

You cannot serve the mayor in NYC.

67
Q

Which is false relating to service by publication? Order shall direct that the following be published:
A. summons and a brief statement of nature of action and relief sought
B. notice to plaintiff
C. sum of money for which judgment will be taken in case of default
(except in medical malpractice)
D. brief description of real property (if it is subject of litigation)

A

B (CPLR 316)

Notice to plaintiff is not listed as a requirement

68
Q

Which of the following statements is not correct?
A. 325(a) The supreme court, upon motion, can remove a case from a
court where an action was commenced by mistake to the proper
court
B. 325(b) Upon motion, a court having the necessary jurisdiction to
grant the relief that parties are entitled to may remove to itself an
action in a court which has the required jurisdiction
C. 325(c) On consent to a court of limited jurisdiction (amount of
damages demanded is reduced to within the monetary jurisdiction
of the court of limited jurisdiction).
D. 325(d) Without consent (at the court’s discretion) to a court of
limited jurisdiction (however, the monetary limit remains that of the
original court).

A

B (CPLR 325)
Upon motion, a court having the necessary jurisdiction to grant the relief that parties are entitled to may remove to itself an action in a court which DOES NOT have the required jurisdiction.

69
Q

Which of the following statements is not correct?
A. 325(d) Without consent (at the court’s discretion) to a court of
limited jurisdiction (however, the monetary limit remains that of the
original court).
B. 325(e) Upon motion, the supreme court can remove a case from
the supreme court to the surrogate’s court where a decedent’s
estate is not affected.
C. 325(f) If county judge is incapacitated, supreme court may remove
an action from county court to itself.
D. 325(g) A judge of a county court may transfer a case from one
local court to another in the same county or adjoining county
where it appears that the case will not be disposed of within a
reasonable time due to death, disability, incapacity of judge or
inability to form a jury.

A

B (CPLR 325)

325(E) decedent’s estate IS affected

70
Q

Which of the following statements are false?
A. If an order of removal is made by a court other than the court
where the action is pending, a conformed copy of the order of
removal shall be filed in the court where the action is pending
B. When the clerk where the action is pending receives the order, he
shall forthwith deliver to other court all papers and records in the
action, land certified copies of all minutes.
C. The receiving clerk shall file, enter and record the papers as
required.
D. Subsequent proceedings shall be had in the court to which the
case has been removed as if the action had been originally
commenced there and no process, provisional remedy or other
proceeding taken in the court from which the action was removed
shall be invalid as a result of the removal.

A

A (CPLR 326)
If an order of removal is made by a court other than the court where the action is pending, a CERTIFIED COPY of the order of removal shall be filed in the court where the action is pending.

CPLR (29 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions