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CPLR > CPLR Article 5 > Flashcards

CPLR Article 5 Flashcards

1
Q

T/F An agreement by parties to fix the place of trial after an action is commenced is enforceable.

A

False (CPLR 502)

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2
Q

T/F when there is a conflict as to the proper venue which resulted from a joinder of claims or parties, the party wherein the court is located shall select s venue which is proper to at least one of the parties or claims

A

False. (CPLR 502)

The court upon motion

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3
Q

T/F Generally, the place of trial shall be where the defendant resided when action was commenced.

A

False (CPLR 503)

It’s where one of the parties resides

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4
Q

Generally, if none of the parties resided in the state at the time the action was commenced, the venue is the venue designated by the _______.

A

Plaintiff (CPLR 504)

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5
Q

The venue of an action against a county is ______.

A

Such county (CPLR 505)

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6
Q

The venue of an action against a city (except NYC), village, school district or district corporation is ________.

A

The county where situated. (CPLR 505)

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7
Q

The venue of an action against the city of New York that arose within NYC is __________.

A

County in which cause of action arose. (CPLR 505)

If cause of action arose outside NYC, then venue is New York county

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8
Q

T/F An action against a justice of the Supreme Court or w judge of a county court or the court of general sessions shall be commenced in appellate division in the judicial department where the action giving rise to the matter sought to be enforced or restrained originated (or appellate division in an adjoining judicial department, if a term of that appellate division is not in session.)

A

True (CPLR 506)

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9
Q

An action against the commissioner of education (section 4404 of education law) may be commenced in the _______ court in county of residence of petitioner.

A

Supreme (CPLR 506)

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10
Q

An action against the NYC tax appeals tribunal shall be originated in ___________.

A

The appellate division of the Supreme Court, first department
(CPLR 506)

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11
Q

A corporation is deemed resident of county where ______.

A

Its principal office Is located (CPLR 503)

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12
Q

A common carrier in addition to being deemed a resident of the county in which it has its principal office, shall also be deemed a resident of the county in which _______.

A

The cause of action arose (CPLR 503)

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13
Q

Partner of partnership is deemed resident of county where principal office is located and residence of __________.

A

Partner (CPLR 503)

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14
Q

In a consumer credit transaction venue is generally county of _______.

A

Residence of defendant (CPLR 503)

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15
Q

Generally venue in a special proceeding is _______.

A

Any county within judicial district where action is triable (CPLR 506)

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16
Q

Venue in real property actions is _______.

A

County where any of the property is situated (CPLR 507)

17
Q

Venue in an action to recover a chattel may be ______.

A

County where chattel is situated at time action is commenced.
(CPLR 508)

18
Q

T/F generally venue is the county designated by defendant.

A

False (CPLR 509)

19
Q

The court, upon motion, may change the place of trial of an action where:
A. The county designated for that purpose is not a proper county; T/F?
B. There is reason to believe that an impartial trial cannot be had in the proper county; T/F?
C. Convenience of material witnesses and ends of justice will be promoted by the change; T/F?

A

A. True B. True C. True (CPLR 510)

20
Q

A motion for change of venue based on improper venue must be served at least ____ days after demand for change of venue.

A

15 (CPLR 511)

21
Q

T/F In a consumer credit transaction clerk must accept all summonses for filing

A

False (CPLR 512)

22
Q

T/F parties may agree in writing to fix place of trial (venue)

A

True (CPLR 501)

23
Q

A party resident in two counties shall be deemed a resident of ____.

A

Both counties (CPLR 503)

24
Q

Executors, administrators, etc are deemed residents of county of appointment and county of:

A

Residence (CPLR 503)

25
Q 
Choose the best answer: The venue (place of trial) may be fixed and thereafter enforceable if made by: 
A. Oral agreement 
B. Written agreement 
C. Oral or written agreement 
D. None of the above
A

B. Written agreement (CPLR 501)

26
Q

When there is a conflict as to the proper venue which resulted from a joinder of claims or parties, the court upon motion shall:
A. Sever the claims
B. Dismiss the cases without prejudice
C. Select a venue which is proper to at least one of the parties or claims
D. None of the above

A

C. (CPLR 502)

Select a venue which is proper to at least one of the parties or claims

27
Q

The venue of an action against regents of the City University of NY, commissioner of education, commissioner of taxation and finance, tax appeals (except 2016 of tax law), public service commission, commissioner of department of transportation (under specified articles of transportation or railroad law), water resources board, the comptroller or the department of agriculture and markets is _______________.
A. Supreme Court, county of residence of defendant
B. Supreme Court, county of residence of plaintiff
C. Supreme Court, Albany county
D. None of the above

A

C. (CPLR 506)

Supreme Court, Albany county

28
Q

The venue in a real property action is county _________.
A. Of residence of plaintiff
B. Of residence of defendant
C. Where any part of the subject is situated
D. None of the above

A

C. (CPLR 507)

Where any part of the subject is situated

29
Q

In an action to recover a chattel, venue may be in the county __________________.
A. Of residence of plaintiff
B. Of residence of defendant
C. In which any part of the chattel is located at the time of the commencement of the action
D. None of the above

A

C. (CPLR 508)

In which any part of the chattel is located at the time of the commencement of the action.

30
Q

Which of the following is not correct?
A. Generally venue is based on residence
B. A party 2 counties is deemed a resident of each county
C. A corporation is deemed resident of county where its principal office
is located
D. Prior to an action the parties may not agree in writing to fix place of
trial

A

D. (CPLR 503)

Prior to an action the parties may not agree in writing to fix place of trial

31
Q

Generally venue of special proceeding is
A. Any county in judicial district where action is triable
B. Any county within the state
C. County of New York
D. County of residence of petitioner only

A

A. (CPLR 506)

Any county in judicial district where action is triable

32
Q

Venue in a case involving really property is the:
A. County of residence of plaintiff or adjoining county
B. County where occurrence took place
C. Place designated by court (ANY county in NYS)
D. County where any part of the property is located

A

D. (CPLR 506)

County where any part of the property is located

33
Q

Generally the place of trial of an action is the county designated by:
A. The court or referee
B. The plaintiff
C. The defendant
D. The defendant or attorney for defendant

A

B. The plaintiff (CPLR 509)

34
Q

The court upon motion may change the place of trial of an action where
1. The county designated for that purpose is not a proper county
2. There is reason to believe an impartial trial cannot be had in
that county
3. Convenience of a material witness and ends of justice will be
promoted by the change
A. 1 only
B. 1 & 2
C. 1, 2 & 3
D. 1 & 3

A

C. 1, 2 and 3 (CPLR 510)

35
Q

Which is not correct?
A. Demand for change of venue shall be served before or with the
answer
B. Change place of trial motion can be made after the action has been
started
C. In consumer credit transaction venue is designated by plaintiff
D. Recovery of chattel venue may be county where any part of chattel is
located

A

C. (CPLR 503f)

In consumer credit transaction venue is designated by plaintiff

36
Q

Which of the following choices is not correct? If filing of a consumer credit transaction summons and complaint is rejected due to improper venue, service is complete 10 days after proof of service of summons is filed in the proper county, along with proof of service on defendant of a registered or certified letter to defendant stating the following
A. The county where filing was rejected
B. The date of filing of the summons
C. The date within which the answer or notice of appearance is to be
filed
D. The address at which it is to be filed

A

A. (CPLR 513)

The county where filing was rejected

CPLR (29 decks)

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