CPLR Article 50

Question 1

Which of the following is not correct?
A. In a trial by the court the decision may be in writing
B. The court shall decide any issue not required to be decided by a jury
C. Decision of court shall be rendered within 30 days after matter is submitted
D. In a trial by the court, trial is without a jury
C. Decision of court shall be rendered within 30 days after matter is submitted CPLR 4213
Where a date certain for calculating interest is not in dispute, the ________ may fix a date

Answer 1

Clerk (CPLR 5001)

Question 2

A judgment may be interlocutory or ________

Answer 2

Final (CPLR 5011)

Question 3

A judgment dismissing a cause of action (before/after) the close of the proponent’s evidence is not a dismissal on the merits unless specifies otherwise

Answer 3

Before (CPLR 5013)

Question 4

A judgment dismissing a cause of action (before/after) the close of the proponent’s evidence is a dismissal on the merits unless it specifies otherwise

Answer 4

After (CPLR 5013)

Question 5

The lien of a judgment on real property expires after ___ years

Answer 5

10 (CPLR 5014)

Question 6

An action for a renewal judgment may be commenced during (which period of time?) prior to the expiration of 10 years since the first docketing of the judgment

Answer 6

the year prior (CPLR 5014)

Question 7

Judgment upon a general verdict of a jury shall be entered by _________.

Answer 7

the clerk (CPLR 5016)

Question 8

Amount of interest awarded on verdict, report or decision shall be computed by ___________.

Answer 8

the clerk of the court (CPLR 5001)

Question 9

The 3 general time periods for the calculation of interest on a judgment are:

Answer 9

1. date of occurrence to date of decision/verdict
2. date of decision/verdict to date of entry of judgment
3. date of judgment entry to date of payment
   (CPLR 5002)

Question 10

Interest on a judgment shall be computed at the rate of ___ per cent per year, unless otherwise provided by statute

Answer 10

9 (CPLR 5004)

Question 11

T/F? A judgment dismissing a cause of action before the close of the proponent’s evidence is a dismissal on the merits

Answer 11

False (CPLR 5012)

Question 12

Request for relief from a judgment based on excusable default must be made within __ after service of a copy of order or judgment with written notice of entry

Answer 12

one year (CPLR 5015)

Question 13

Upon a special verdict the ______ shall direct the entry of a judgment

Answer 13

the judge (CPLR 5016)

Question 14

The amount of interest shall be computed by \_\_\_\_\_\_\_\_\_\_\_ and included in the judgment
A. attorney for the plaintiff
B. attorney for defendant
C. the court
D. the clerk of the court

Answer 14

D. the clerk of the court (CPLR 5002)

Question 15

The lien of a judgment on real property expires after \_\_ years, but may be renewed by an action on a judgment and then docketing the renewal judgment. An action for a renewal judgment may be commenced during the year prior to the expiration of \_\_ years since the first docketing of the judgment
A. 10...10
B. 15...15
C. 20...20
D. none of the above

Answer 15

A. 10…10 (CPLR 5014)

Question 16

When a person entitled to enforce a judgment receives satisfaction or partial satisfaction of the judgment, he shall execute and file the proper satisfaction-piece or partial-satisfaction piece. He must also mail a copy to the judgment debtor within \_\_ days of filling
A. 10
B. 20
C. 30
D. 45

Answer 16

A. 10 (CPLR 5020)

Question 17

A motion for relief from judgment or order based on excusable default must be made within \_\_\_\_ of service of copy of judgment or order
A. 30 days
B. 90 days
C. 1 year
D. 5 years

Answer 17

C. 1 year (CPLR 5015)

Question 18

Penalty for failure to file a satisfaction piece within 20 days after receiving full satisfaction is
A. $100
B. $50 plus damages sustained for failure to file
C. $250
D. none of the above

Answer 18

A. $100 (CPLR 5020)

Question 19

Generally, payments following settlement of a case are due as follows: Generally: payment is due within \_\_ days after tender of release from plaintiff. In cases where defendant is municipality, any subdivision thereof, or public corporation not indemnified by NYS: payment is due within \_\_ days after tender of executed release and discontinuance. In an action where defendant is state: \_\_ days after comptroller has determined he has received the required settlement papers
A. 21...60...90
B. 21...90...90
C. 30...60...90
D. 30...90...90

Answer 19

B. 21…90…90 (CPLR 5003)

Question 20

Choose the best answer: Interest is recoverable from
A. date cause of action arose to date of verdict, report or decision
B. date of verdict, report or decision to date of entry of judgment
C. from date of entry of judgment to date of payment
D. all of the above

Answer 20

D. all of the above (CPLR 5001)

Question 21

The current rate of interest on a judgment is
A. 9 per cent per year, compounded daily.
B. 6 per cent per year, compounded annually
C. 6% per year, on original judgment amount
D. 9 per cent per year, on original amount

Answer 21

D. 9 per cent per year, on original amount (CPLR 5004)

Question 22

Choose the best answer: A judgment which dismisses a cause of action prior to close of proponent’s evidence
A. is not a dismissal on the merits
B. is not a dismissal on the merits, unless it specifies otherwise
C. is a dismissal on the merits
D. none of the above

Answer 22

B. is not a dismissal on the merits, unless it specifies otherwise (CPLR 5011)