CPLR Article 6 Flashcards

1
Q

Two or more plaintiffs, represented by the same attorney, may join against the same defendant no more than __ claims arising out of separate consumer credit transactions

A

5 (CPLR 601)

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2
Q

T/F The court may order trial of any claim one issue prior to the trial of the others

A

True (CPLR 603)

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3
Q

T/F Upon motion, Supreme Court can order that any issue of fact pending in another court be tried in the Supreme Court of another county

A

False (CPLR 604)

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4
Q

T/F For the court to consolidate cases, motion must be made by one of the parties

A

True (CPLR 602)

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5
Q

T/F County Court upon motion can remove a case from Supreme Court to itself

A

False (CPLR 602)

Only from lower courts

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6
Q

T/F Supreme Court upon motion can remove case from County Court to itself

A

True (CPLR 602)

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7
Q
Two or more plaintiffs, represented by the same attorney, may join against the same defendant no more than \_\_\_ claims rising out of separate consumer credit transactions. 
A. 2 
B. 3 
C. 5 
D. Unlimited
A

C. 5 (CPLR 601)

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8
Q
The number of claims that a plaintiff may join in a complaint against a defendant is: 
A. 2 
B. 3 
C. 5 
D. Unlimited
A

D. Unlimited (CPLR 601)

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9
Q

Which of the following may join as many claims as he may have against an adverse party?
1. The plaintiff in a complaint
2. The defendant in an answer setting
3. The defendant in an answer setting forth s cross-claim
A. 1 only
B. 2 and 3
C. 1 and 3
D. 1, 2 and 3

A

D. 1, 2 and 3 (CPLR 601)

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10
Q

Choose the best answer. The court may order a joint trial or may order actions consolidated
A. Only upon motion of one of the parties
B. On its own motion
C. On its own motion, or on motion of one of parties
D. None of the above

A

A. Only upon motion of one the parties (CPLR 602)

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11
Q

Upon motion, the Supreme Court may remove to itself an action pending
A. In any other court in all cases
B. In the appellate division in all cases, but only upon motion
C. In any court and consolidate it with action in Supreme Court, except action relating to real property pending in a county court
D. None of the above

A

C. (CPLR 602)
In any court and consolidate it with action in Supreme Court, except action relating to real property pending in a county court

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12
Q

Which of the following statements are correct?
1. The court may order a severance of claims
2. The court may order the trial of any claim prior to that of others
3. The court may order a separate trial
A. 1 & 2
B. 2 & 3
C. 1, 2 & 3
D. 1 & 3

A

C. 1, 2 & 3 (CPLR 603)

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13
Q

Generally, the Supreme Court may remove to itself
A. An action pending in city court
B. An action pending in municipal court
C. An action pending in county or justice court
D. All of the above

A

D. All of the above (CPLR 206b)

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14
Q

T/F The plaintiff in an action may join a maximum of 5 claims against a defendant

A

False (CPLR 601)

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