CPLR by the numbers Volume 1

Question 1

203 Method of Computing Periods of limitation

Action Commenced by Service, complete…:

An order for a provisional remedy is granted provided defendant is served by other methods or first publication made within _________ , or

(Bard) when a defendant dies within thirty days after the order is granted, but before service or publication is completed, service is made on the defendant’s executor or administrator within _______ after letters are issued (for this purpose seizure of a chattel in an action to recover a chattel is a provisional remedy

Answer 1

THIRTY days.. sixty (60) days

Question 2

203 Method of Computing Periods of limitation

Action Commenced by Service, complete…:

WHEN the summons is delivered to the sheriff of that county outside the city of New York or is filed with the clerk of that county within the city of New York in which the defendant is known or last known to reside, be employed or do business, or if the defendant is a corporation of a county in which it may be served or in which the cause of action arose.

In all cases, the summons must be served upon the defendant or first published and completed, within _________ after the period of limitation would have expired but for this provision or

Served upon the defendant’s executor or administrator within _________ after letters are issued, where the defendant dies within _________ after the period of limitation would have expired but for this provision and before the summons is served upon the defendant or publication is completed.

Question 3

203 Method of Computing Periods of limitation

Failure to diagnose cancer- SOL starts to run when the person knew or should have known of the doctor’s failure to diagnose or a maximum of _____________ from the alleged misdiagnosis.

Answer 3

seven years

Question 4

204- Stay of commencement of action; demand for arbitration

When a demand to arbitrate is filed, the time awaiting the determination on such demand is not part of the time with which the action must be commenced.

The time for the action to be commenced shall not be extended beyond ___________ by this provision after such final determination

Answer 4

ONE (1) YEAR

Question 5

205- Termination of action

When an action is terminated, the plaintiff has a right to file a new action upon the same occurrences within _________ even though the statute of limitations may have expired, unless the action was terminated by:

Voluntary Discontinuance
Failure to obtain personal jurisdiction
Dismissal for failure to prosecute
Final judgment upon the merits

Answer 5

SIX (6) MONTHS

Question 6

(BRAND NEW SECTION) 205-a. Termination of certain actions related to real property.

If an action upon a bond or note, the payment of which is secured by a mortgage upon real property, or upon a bond or note and mortgage so secured, or upon a mortgage of real property, or any interest therein is timely commenced and is terminated in any manner other than:

a voluntary discontinuance,
a failure to obtain personal jurisdiction over the defendant,
a dismissal of the complaint for any form of neglect, {including, but not limited to failure to strike out pleadings or parts thereof after order, default, Want of prosecution, case abandonment,}
for violation of any court rules or individual part rules,
for failure to comply with any court scheduling orders, or
by default due to nonappearance for conference or at a calendar call,
or by failure to timely submit any order or judgment,
or upon a final judgment upon the merits,
the original plaintiff, or upon death, his or her executor or administrator, may commence a new action upon the same transaction(s) or occurrence(s) within _____________ following the termination, provided that the new action would have been timely commenced within the applicable limitations period prescribed by law at the time of the commencement of the prior action and that service upon the original defendant is completed within such six-month period.

a successor in interest or an assignee of the original plaintiff shall not be permitted to commence the new action, unless pleading and proving that such assignee is acting on behalf of the original plaintiff;
ONE __________ extension may be granted

Answer 6

six months…….six-month period………. six month

Question 7

207 Defendant Absent From State or Under False Name

The statute is actually tolled (suspended) after a cause of action has accrued, when the defendant leaves the state for a period of ______________ or more or remains in the state under a false name

Exceptions:

The person has an agent for service within the state
A foreign corporation has a person within the state who can be served
Personal jurisdiction can be obtained without personal delivery to the defendant within the state

Answer 7

FOUR(4) MONTHS

Question 8

214-g. Certain child sexual abuse cases
This section outlines the revival of a period in which people who were the victims of certain sex crimes against children could commence an action which would otherwise be barred because of SOL or they had not filed a notice of claim or notice of intention to file a claim.

The action must be commenced not earlier than ____________ after, and not later than _____________ after the effective date of this section.
A dismissal of a previous action before this section was effective on grounds that it was beyond SOL or for failure to file a notice of claim or intention to file a claim shall not be grounds for dismissal of a revival action pursuant to this section.

Answer 8

six (6) months……… two (2) years and six months

Question 9

214-h. Certain actions by public water suppliers to recover damages for injury to property

A public water supplier or wholesale water supplier can commence an action against any person for damages to property caused by a contaminant in a source of water supply within _______________ of the latest of the following events: detection of the contaminant, the last wrongful act by any person whose conduct contributed to the presence of the contaminant, or the date the contaminant is last detected.

Any civil claim or cause of action involving an emerging contaminant that was barred as of the effective date of this subdivision because the applicable period of limitation has expired is hereby revived and may be commenced and prosecuted provided such action, civil claim, or cause of action is commenced either before or within _____________ following the effective date of this subdivision.

Answer 9

three (3) years……… one year and six months

Question 10

On a bond - Action to recover principal and interest upon a written instrument

Answer 10

TWENTY(20) YEARS

Question 11

On a money judgment - Presumed to be paid and satisfied at the expiration of ____ year(s) from the time the party recovering it was first entitled to enforce it

Answer 11

TWENTY (20) YEARS

Question 12

By the state or grantee of the state for Real property

Answer 12

TWENTY(20) YEARS

Question 13

The default in payment pursuant to court order for the payment of Support, Alimony or Maintenance (___ years to enforce from default)

Answer 13

TWENTY(20) YEARS

This is NOT retroactive to before the statute enactment

Question 14

NEW 213c - A civil claim or cause of action to recover civil damages from a defendant by victim of Rape in the first, second, third degree, Criminal sexual act in the first, second, third degree, incest in the second degree as defined in section 255.26 of the penal law (where the crime committed is rape in the second degree), criminal sexual act in the second degree, Aggravated sexual abuse in the first degree, or Course of sexual conduct against a child in the first degree

A criminal charge or conviction is not required to commence an action under this section

Answer 14

TWENTY (20) YEARS

Question 15

Possession necessary to recover Real property - RPAPL

Answer 15

10 years

Question 16

Annulment of Letters patent

Answer 16

10 years

Question 17

Redeem on a mortgage

Answer 17

10 years

Question 18

To recover under an affidavit of support of an NONCITIZEN (formerly alien)

Answer 18

10 years

Question 19

When criminal benefits from crime

Answer 19

10 years

Question 20

NEW NEW NEW An action by a victim of sex trafficking, compelling prostitution, labor trafficking or aggravated labor trafficking, may be commenced within ____ YEARS after such victimization occurs, but such ___ year period is tolled and won’t begin to run during any period while the victim is still subject to such conduct

Answer 20

15 years

Question 21

KNOW THIS Any action where a specific time period is not set by law

Answer 21

SIX(6)YEARS

Question 22

action on a contract

Answer 22

SIX(6)YEARS

Question 23

Action on a Bond or note secured by Real Property

Answer 23

SIX (6)YEARS

Question 24

action by state upon the misappropriation of public property

Answer 24

SIX(6)YEARS

Question 25

Action based on mistake

Answer 25

SIX (6)YEARS

Question 26

Action by corporation against a director, officer or stockholder
or to procure a judgment on the ground of fraud, or to enforce a liability, penalty or forfeiture, or to recover damages for waste or for an injury to property or for an accounting in conjunction therewith.

Answer 26

SIX (6)YEARS

Question 27

An action based upon fraud, although it can be the greater of the ___ years from the date of the cause of action or ____ YEARS from the time the plaintiff discovered the fraud or could have discovered the fraud

Answer 27

SIX (6) YEARS… 2 (2) YEARS

Question 28

overcharge penalties for non-payment of rent

Answer 28

SIX(6)YEARS

Question 29

An action by the attorney general for Fraudulent Practices In Respect to Stocks, Bonds and Other Securities or Repeated fraudulent or illegal acts in conducting or transacting business

Answer 29

Six years

Question 30

Here the general rule is an action against a convicted defendant for any loss or injury resulting from any crime they committed must be commenced within ____ YEARS from the date of the crime

Answer 30

SEVEN YEARS

• REMEMBER 7-3-10
• NOTE THAT Action by Victim of Conduct of Certain Sexual Offenses WAS RECENTLY UPDATED TO TWENTY YEARS

Question 31

Action against a Sheriff or other Officer for the non- payment of money collected upon an execution

Answer 31

THREE(3) YEARS

Question 32

Action to recover upon a liability, penalty or forfeiture

Answer 32

THREE(3) YEARS

Question 33

Action to recover a chattel or damages for the taking of detaining of a chattel

Answer 33

THREE(3) YEARS

Question 34

Action to recover damages to injury to property (not exposure to certain substances)

Answer 34

THREE(3) YEARS

Question 35

Action to recover damages for personal injury

Answer 35

THREE(3) YEARS

Question 36

Action to recover damages for Malpractice (Not Medical, Dental, Podiatric)

Answer 36

THREE(3) YEARS

Question 37

Action to annul a marriage on the ground of fraud

Answer 37

THREE (3) YEARS

Question 38

Consumer Credit Transactions (214-I)

Answer 38

THREE(3) YEARS
Payments, affirmations, or other activity on the debt after expiration do not revive or extend the SOL

Question 39

(New) 214-j. Certain sexual offense actions.

Similar to 214-G, this section revives (resets) the SOL which has expired for a claim or action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense (PL 130) or incest (PL 255.26 or 255.27) committed against such person who was EIGHTEEN YEARS OF AGE OR OLDER
The action thereon may be commenced not earlier than ___________ after, and not later than _____________ after the effective date of this section
A dismissal of a previous action before this section was effective on grounds that it was beyond SOL or for failure to file a notice of claim or intention to file a claim shall not be grounds for dismissal of a revival action pursuant to this section.

Answer 39

six months………. one year and six months

Question 40

Actions for Medical, Dental or Podiatric Malpractice

Answer 40

To be commenced within TWO(2) YEARS and SIX(6)MONTHS of the act, omission or failure complained of.
There is an exception, if you discover a foreign object in your body, you have ONE(1)YEAR

When an infant plaintiff is injured by malpractice, plaintiff will have the shorter of:

(i) 2 yrs & 6 months from date of 18th birthday, or
(ii) 10 yrs from date cause of action accrued

Question 41

Recover Damages from Exposure to Certain Herbicides

Answer 41

This is for military people who served between 1962 and 1975 in lndo-China. Such action must commence within TWO(2)YEARS from the date of the discovery of injury or two years from the date the discovery of such injury should have taken place by reasonable diligence, whichever is later

Where the discovery of the cause of the injury is alleged to have occurred less than five years after discovery of the injury or when with reasonable diligence such injury should have been discovered whichever is earlier, an action may be commenced or a claim filed within one year

If an action is commenced after the periods listed above, the plaintiff must allege and prove that SCIENCE HAD NOT YET DISCOVERED a way to identify the alleged injury before the SOL ran out.

Question 42

Actions against Licensed Engineers and Architects

Answer 42

Any person asserting a claim for personal injury, death or damage against an architect, engineer, land surveyor etc., must give written notice of such claim NINETY(90) DAYS prior to filing the claim if the cause of action occurred more than TEN(10)YEARS prior. The notice of claim shall be filed with the court along with proof of service within THIRTY (30)DAYS of service of the notice of claim

Service of a notice of claim shall toll the SOL for 120 days after service

Question 43

Action to recover damages for personal injury caused by the infusion of blood resulting in the contraction of HIV and/or AIDS

Answer 43

may be commenced within TWO(2) YEARS of the effective date of this section

Question 44

214F- NEW EFF. 02/21/2016- Action to Recover Damages for Personal injury Caused by Contact with or Exposure to Any Substance found within an Area Designated as a Superfund site

Answer 44

3 years from discovery, or within three years of such designation of such an area as a superfund site, whichever is latest

Question 45

Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits

Answer 45

3 years from the date of discovery of the injury

Question 46

An action against a sheriff, coroner, constable, or officer upon a liability incurred by him while doing an act within his official capacity (except non-pay of money from execution CPLR 214)

Answer 46

ONE (1) YEAR

Question 47

An action against an officer for the escape of a prisoner

Answer 47

ONE (1) YEAR

Question 48

An action to recover damages for assault, battery, false imprisonment, malicious prosecution, libel, slander, false words or violation of a right to privacy

Answer 48

ONE (1) YEAR

Question 49

An action to enforce a penalty or forfeiture by a private person: ____________.

The state has ______ year(s).

Answer 49

ONE (1) YEAR……… three(3)

Question 50

An action upon an arbitration award

Answer 50

ONE (1) YEAR

Question 51

An action to recover any overcharge of interest

Answer 51

ONE (1) YEAR

Question 52

An action by a tenant to recover damages from the landlord

Answer 52

ONE (1) YEAR

Question 53

An action against a defendant based upon the same occurrence from which a criminal action arises, the plaintiff has ___ year(s) from the termination from the criminal action, exception is ___ year(s) if criminal action is for certain sexual offenses

Answer 53

ONE (1) YEAR…. FIVE (5) YEARS

Question 54

(NEW) An action to recover damages resulting from domestic violence shall be commenced within ________

Answer 54

TWO (2) YEARS

Question 55

lf a claimant is given notice that another person is seeking recovery of money in excess of FIFTY(5O)DOLLARS for the same claim, such claimant has ____ YEAR(S) to commence the action

Answer 55

Abbreviation of Period to One Year After Notice

Question 56

Proceedings against a Body or Officer (Article 78 proceeding)

Answer 56

Unless a shorter period is provided in the law, such proceeding must be commenced within FOUR(4) MONTHS after the determination to be reviewed becomes final or the respondent’s refusal to perform its duty occurs

Disability due to infancy or insanity extends the SOL to two years after such time

Question 57

Every action for damages or injury to real or personal property or wrongful death against any political subdivision of the state, public authority or other similar entity shall not be commenced unless a “notice of claim” has been served within the required time limit by the general municipal law (generally ____ days).

Except in an action for wrongful death, damages, injury, etc. upon such entity, shall not be commenced more than ______ after the cause of action has accrued or within the time period otherwise prescribed by any provision of law, whichever is longer.

Answer 57

90 DAYS…. one year and ninety days

Question 58

Section 208- Infancy/Insanity

Answer 58

-lf a person is unable to commence an action due to infancy or insanity the statute is tolled as follows:
-lf the normal time to commence the action is three years or more, then the time to bring an action is extended to three years after the “disability’ ends
+ 3 years from the end of the disability (Insanity or turning 18)
-lf the normal time to commence the action is less than three years, then it is extended:
until the disability ceases (person turns 18)

The time with which an action must be commenced shall not be extended beyond TEN(10)YEARS with the exception of Medical, Dental or Podiatric malpractice*

This section shall not apply to an action to recover a penalty or forfeiture, or against a sheriff or other officer for an escape.

Question 59

Defendant Absent From State or Under False Name

Answer 59

When a defendant leaves the state, the time within which the action must be commenced shall be computed from the time he enters or returns to the state
The statute is actually tolled (suspended) after a cause of action has accrued, when the defendant leaves the state for a period of FOUR(4) MONTHS or more or remains in the state under a false name

Question 60

NEW Section 208(b)- Victims of sex crimes committed when victim was under 18

Answer 60

• Grants long extension for victims of sexual crimes that were committed prior to the victim’s 18th birthday
• Extends the time to file until the victim’s 55th Birthday.
• Also revived claims that expired under old SL law. Claim can be filed 6 months after law went into effect, but not more than 2 & 1/2 years after law effective (214-g).

Question 61

Section 210- Death of Claimant or Person Liable

Answer 61

• Upon the death of a claimant before the time has expired with which an action may have been taken, an action may be commenced by his representative within ONE(1) YEAR after his death
• lf the death is upon a person against whom a cause of action exists, the period of EIGHTEEN (18) MONTHS after the death, is not part of the time which an action may be commenced against his executor or administrator

Question 62

Section 210- Death of Claimant or Person Liable

The time within which an executor or administrator can commence an action to recover personal property wrongfully taken after the death of the decedent but before letters are issued is computed from the time the letters are issued or from ___________ after the death, whichever event first occurs.

Answer 62

three years

Question 63

214C - Personal injury caused by exposure to certain substance

Answer 63

3 years from date of discovery

Where the discovery of the cause of the injury is alleged to have occurred less than five years after discovery of the injury or when with reasonable diligence such injury should have been discovered whichever is earlier, an action may be commenced or a claim filed within one year

Question 64

SOL

Answer 64

Actions in tort against municipalities

• 1 year, 90 days
• Notice of claim must be filed w municipality w/in 90 days of accrual
• Action cannot be brought until at least 30 days after filing notice of claim w/out payment
• Villages must be given written notice of dangerous/defective conditions of public ways, and given a reasonable time to correct condition

Question 65

SOL: Medical Debt

Answer 65

3 years: An action on a medical debt by a hospital or a health care professional shall be commenced within three years of treatment. CPLR SECTION 213-D

Question 66

Failure to diagnose cancer SOL

Answer 66

SOL starts to run when the person knew or should have known of the doctor’s failure to diagnose or maximum of seven years from the alleged missing diagnosis.

Question 67

214-h. Certain actions by public water suppliers to recover damages for injury to property

A public water supplier or wholesale water supplier can commence an action against any person for damages to property caused by a contaminant in a source of water supply within ____________ of the latest of the following events: detection of the contaminant, the last wrongful act by any person whose conduct contributed to the presence of the contaminant, or the date the contaminant is last detected.

Any civil claim or cause of action involving an emerging contaminant that was barred as of the effective date of this subdivision because the applicable period of limitation has expired is hereby revived and may be commenced and prosecuted provided such action, civil claim, or cause of action is commenced either before or within one year and _______ following the effective date of this subdivision.

Answer 67

Three (3) years……. six months

Question 68

304 Method of Commencing Action or Special Proceeding

Where a court finds circumstances prevent the immediate filing, the SIGNING of an Order requiring subsequent filing in not less than ___________ will begin the action

Answer 68

FIVE(5)DAYS

Question 69

305a- Index number in an action or proceeding commenced in supreme or county court

Now this is odd: lf a person other than the plaintiff serves the Summons, obtained the index number and paid the fee, the clerk shall issue an order directing the plaintiff to pay such person within ______________ for the fee or the case may be dismissed without prejudice, upon application

Answer 69

THIRTY(3O) DAYS

Question 70

306-b. Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause.

Service of the summons and complaint, summons with notice, 3rd party summons with complaint or petition with notice of petition or order to show cause SHALL be made within ______________ after the commencement of the action or proceeding.

Answer 70

120 days

Question 71

306-b. Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause.

lf statute of limitations in a particular proceeding is 4 months or less then service must be complete within ________________ of the expiration of the statute. (Art.78 proceeding, election law, etc.)

Answer 71

FIFTEEN (15) DAYS

Question 72

306c- Notice of Commencement of an Action for Personal lnjuries

lf an individual has suffered personal injuries and is receiving medical assistance as provided for in the Social Services Law and is involved in litigation for these injuries, then within ____________ of service being complete, notice of the commencement of the action must be sent to the Social Services District or Department of Health within that County by certified mail, return receipt requested, or electronically

Proof of sending such notice shall be filed with the court in accordance with CPLR 306

Sending such notice shall not be a jurisdictional requirement to commence an action.

Answer 72

SIXTY(60) DAYS

Question 73

306-d Consumer credit transaction Notice

No default judgment based on the defendant’s failure to answer shall be entered unless there has been compliance with this section, and at least _____________ have elapsed from the date of mailing by the clerk; or if the additional notice is returned to the court as undeliverable.

Answer 73

twenty days

Question 74

307- Personal Service Upon the State

The chief executive officer of every such agency shall designate at least ________, in addition to himself or herself, to accept personal service on behalf of the agency.

Answer 74

one person

Question 75

308 Personal service Upon Natural Person- (YOU MUST KNOW THIS SECTION)

Suitable Age and Discretion-
By delivering to someone of suitable age at the person’s last known residence or actual place of business, dwelling or abode AND mailing the summons by ____________ to their last known residence or place of business bearing the legend “Personal and Confidential”. Delivery and mailing must be made within _____________ of each other. Proof of service MUST be filed with the court (clerk) within _______________ of the latter of the delivery or mailing. Service is then complete ___________ after filing proof of Service

Answer 75

first class mail ……. TWENTY(20) DAYS…….. TWENTY(20) DAYS…… TEN (10) DAYS

Question 76

308 Personal service Upon Natural Person- (YOU MUST KNOW THIS SECTION)

Substituted service- (Nail and Mail)
This can be done when service cannot be made with due diligence by methods of Personal Delivery or SAD service. lt involves affixing the summons to the actual place of business or usual abode and by mailing the summons to the last known residence or the actual place of business bearing the legend “Personal and confidential”.

Such affixing and mailing to be effected within _______________ of each other. Proof of service to be filed within ________________ of the latter. Service is complete _____________ thereafter

Except: Nail and Mail service in a _________ Action requires court order

Answer 76

TWENTY(20)DAYS……… TWENTY(20)DAYS…….. TEN(10)DAYS……….
Matrimonial

Question 77

308 Personal service Upon Natural Person- (YOU MUST KNOW THIS SECTION)

Designation of agent for service-(as per CPLR 318)

• A person may be designated by a natural person, corporation or partnership as agent for service.
• The designation SHALL be in writing and executed in the same manner as a _______ with the consent of the agent.
• The writing is to be filed in the office of the county clerk in which the __________resides or has his office.
• The designation will remain in effect for ____________ , unless revoked by filing a revocation, death etc.
• This type of service requires court order for ___________ action

Answer 77

deed….principal …..THREE(3)YEARS……Matrimonial

Question 78

309 Personal Service Upon an infant, lncompetent or Conservatee

lf the infant is of the age of ______________ or over, then service must be made upon the infant as well, within the state.

Answer 78

FOURTEEN(I4)

Question 79

Partnership (Sec. 310)- (similar to service on an individual)

Is made by serving any one of _________

Personal service within the state may also be made by serving the managing or general __________or person in charge of ____________ AND by mailing the summons to the partner to be served by _____________ to his or her last known residence or the place of business of the partnership.

Proof of service must be filed within ___________ and service is complete ____________ thereafter.

Answer 79

the partners…. agent ….the office….First class mail…. TWENTY(20)DAYS ……. TEN (10) DAYS

Question 80

312-a. Personal service by mail.

• No other method need be attempted before using service by mail.
• No process server is needed.
• What is mailed to the defendant is the pleadings along with ___________ copies of the “___________ “ and “___________ “, along with a return envelope with postage prepaid.
• If another method of service is attempted, the plaintiff must indicate in a notice to the defendant if service was previously attempted by _________
• lf the defendant is willing to accept such service he/she completes the acknowledgment and mails it back acknowledging service within __________ of receipt
• Service is complete on the date the ______________________ is mailed or delivered to sender.
• The ____________________________ is proof of service

Answer 80

TWO (2)…… Statement of service by mail………. Acknowledgment of receipt….. mail….. THIRTY (30) DAYS…signed acknowledgment of receipt……. signed acknowledgment of receipt

Question 81

312-a. Personal service by mail.

The defendant must ANSWER the summons within _____________ after the date the signed acknowledgment of receipt is mailed or delivered to the sender

The acknowledgment of receipt of service shall be subscribed and affirmed as true under penalties of perjury and shall have the same force and effect as an ____________

Answer 81

TWENTY(20) DAYS ………..affidavit.

Question 82

312-a. Personal service by mail.
Where the signed acknowledgment of receipt is not returned within ______________ after receipt of the documents mailed, the costs of the alternative method of service can be entered as a judgment against the defendant

Answer 82

thirty (30) days

Question 83

316. Service by publication.

The order of service by publication shall direct:

• First publication shall be made within _____________ of the order being granted
• The _________ to be published together with notice to the defendant
• A brief statement to the nature of the action
• The relief and sum of money sought (EXCEPT for _____________
• lf the action is to recover a judgment affecting title to real property, description of property
• ***Publish in __________ newspapers, _________ of which in English, ____________ a week for __________ consecutive weeks.
• *Service is complete on the __________ day after the day of first publication

Answer 83

THIRTY (30 )DAY…….. summons…….. Medical Malpractice cases)…. TWO(2) …… one ……… Once (1) ………. Four (4)……. 28th

2-1-4

Question 84

316. Service by publication.

***For Matrimonials:

• __________ English newspaper, __________ per week for ____________ consecutive weeks

Special rule for Matrimonials:
- The summons, complaint, or summons and notice in an action for divorce or separation, order and papers on which the order was based shall be filed on or before the _______ day of publication.
- A copy of the summons and notice of publication must be mailed to the person to be served on or before the _________ day of publication unless the court dispenses with mailing.
- *Service is complete on the ________ after the day of first publication for Matrimonials

Answer 84

One (1)…….. Once (1) ……. THREE{3)

first ….. first….. 21st day

or 1-1-3

Question 85

317 - Defense by person to whom summons not personally delivered

A person who was NOT served by personal delivery, whom a default judgment was entered against, may move to vacate the default within ________ after obtaining knowledge of the default, but in no event more than __________ after the entry of Judgment upon a finding of the court that he did not personally receive notice of the summons in time to defend and has a meritorious defense.

This section does not apply to ____________ actions

Answer 85

ONE(1)YEAR ……… FIVE (5) YEARS……….. Matrimonial

Question 86

318 - Designation of an Agent for Service

is made in writing and is executed and acknowledged in the same manner as a ________ , with the consent of the agent endorsed thereon. lt is filed in the office of the clerk of the county where the _____________ to be served resides or has their office.

The designation shall remain in effect for _________ from such filing unless it has been revoked by the filing of a revocation, or by the death, judicial declaration of incompetency or legal termination of the agent or principal.

Answer 86

Deed….principal.. three years

Question 87

320 - DEFENDANT’S APPEARANCE)+

Time for Appearance

The time for appearance differs depending on how the defendant was served.

Personal Delivery- If the papers were served by handing them directly to the defendant, the defendant has ____________ after service of the summons to appear.

The time to appear is extended to __________ after service is complete when:

• (1) Person being sued is an official of the state
• (2) Suing a natural person and service was accomplished by all methods of service except personal delivery.
• (3) Service by publication or through a designated agent
• (4) Person was served outside of NYS

Basically, all other forms of service besides personal delivery on a natural person within New York State

Answer 87

twenty (20) DAYS…… thirty (30) days

Question 88

321. Attorneys.

• **lf because of death or other incapacity, a party’s attorney becomes disabled or unable to act before judgment, leave of the court is required before any other step may be taken against that party unless he is given _______________ notice to appoint an attorney* *
• Compare to CPLR 5574 Appeals (_________ extension)

Answer 88

THIRTY(30)DAYS…. Sixty (60) days

HINT: THIRTY FOR NEW ATTORNEY … HEY THAT RHYMES

Question 89

322- Authority for Attorney Appearance in Real Property Actions

Authority of non-resident defendant’s attorney.

• The attorney for a non-resident defendant in an action affecting real property shall file with the clerk written authority for his appearance, executed and acknowledged in the form required to entitle a deed to be recorded, and shall serve either a copy of such authority or notice of such filing on the plaintiff’s attorney within __________ after appearing or making a motion.
• This rule does not apply to an attorney representing an official, agency or instrumentality of, or corporation wholly owned by, the United States

Answer 89

twenty (20) days

Question 90

403- Notice of Petition, Service, Order to Show Cause

The time for service of the notice of petition and answer is as follows:
8 days notice given:
Petition - 8 days —> Answer- ____ days —>reply - ____ days

Or if 12 days notice given:
Petition - 12 —> Answer - _____ days —> Reply- ____ day

Answer 90

8-2-0

12-7-1

Question 91

404- Objections in Point of Law

The respondent may raise an objection in point of law in his answer or by bringing a motion to dismiss.

lf the motion is denied the court may allow the respondent to answer, usually within __________ from service of the order with notice of entry. The petitioner may then re-notice the matter for hearing upon __________ notice or the respondent may re-notice the hearing in the answer upon __________ notice

Answer 91

FIVE(5) DAYS ………. two days………. seven days

Question 92

408 – Disclosure+

A “notice to admit” under 3123 may be served not later than ____________ before the petition is noticed to be heard and the response denying or admitting shall be served not later than ___________ before the petition is noticed to be heard

Answer 92

THREE(3)DAYS …….. ONE (1) DAY

HINT: CPLR 3123 - THE ANSWER IS IN THE FIRST TWO NUMBERS OF THE SECTION 3-1

Question 93

511- Change of Place of Trial

PROCEDURE TO CHANGE VENUE IF “IT IS NOT THE PROPER COUNTY”

• Plaintiff has ___________ to agree with change or disagree by serving on defendant an affidavit indicating such.
• lf plaintiff objects, defendant has ___________ from service of original demand to move for change of venue. Essentially within ten days after the plaintiff’s five days to respond.

Answer 93

FIVE (5) DAYS….. FIFTEEN (15) DAYS

Question 94

511- Change of Place of Trial

PROCEDURE TO CHANGE VENUE IF “IT IS NOT THE PROPER COUNTY”

• (Maybe need to know?) Defendant may notice such motion to be heard as if the action were pending in the county he specified, unless plaintiff within ______________ after service of the demand serves an affidavit showing either that the county specified by the defendant is not proper or that the county designated by him is proper.

Answer 94

FIVE (5) DAYS

Question 95

902. Order Allowing Class Action

Within ___________ after the time for all defendants to serve responsive pleadings has expired, the plaintiff SHALL move for an order allowing the class action to proceed.

Such order can be conditional or amended before a final decision on the merits by the court’s own motion or on motion of the parties.

Answer 95

SIXTY (60) DAYS

Question 96

601- Joinder of claims+

Two or more plaintiffs may join NO MORE THAN ___________ against the same defendant in separate consumer credit transactions as long as they are represented by the same attorney

Answer 96

FIVE (5) CLAIMS

Question 97

1003- Nonjoinder and misjoinder of parties.

A motion to add or drop parties may be made at any stage of the action, sua sponte (on the court’s own motion) or by stipulation of the parties

Parties may be added _________ without leave (permission) of the court within:

• ___________ from the service of the original summons or before time to answer has expired or __________ from the time a responsive pleading is served

Answer 97

ONCE…… Twenty (20) DAYS…… Twenty (20) DAYS

Question 98

1007-IMPLEADER/THIRD-PARTY PRACTICE (Third Party Plaintiff)

• Service of a Third party complaint, summons, and all prior pleadings must be done in ___________ from filing.
• The original plaintiff must also be served to keep them in the loop.
• The third party defendant must then answer

Answer 98

120 days

Question 99

1009- Claim by Plaintiff against Third Party Defendant

The original plaintiff has ___________ from the service of the answer by the third party defendant, to amend his complaint without leave of the court to now sue the third party defendant directly

Answer 99

TWENTY(20) DAYS

Question 100

1021- 1021. Substitution procedure; dismissal for failure to substitute; presentation of appeal.

• lf a party needs to be substituted a motion may be filed within _______________ , however if this action is POST JUDGMENT (Appeal) the motion may be made within ___________ from the event requiring substitution.
• lf a person who should be substituted does not appear voluntarily, he may be made a ______________

Answer 100

a reasonable time ……..FOUR(4) MONTHS………… party defendant

Question 101

1022- Substitution Extension of Time +

Extension of time for the requirement to take any procedural steps in the action is extended ___________ after the substitution of a party is made*

Answer 101

FIFTEEN (15)DAYS

Hint: (Extension of time) is 15 letters for 15 Days

Compare this to 30 days for substitution of counsel, “30 for new attorney”

Question 102

1101- Motion for Permission to Proceed as Poor Person

A plaintiff may seek to commence his or her action without the payment of fees by filing a form affidavit indicating they cannot pay the costs of the action.

• If the court approves the application they will send an order to the applicant that all fees are waived
• If the court denies the application, it will send out an order that the case will be dismissed if the appropriate fees are not paid within ___________________ of the date of the order

Answer 102

ONE HUNDRED AND TWENTY (120) DAYS

Question 103

1101- Motion for Permission to Proceed as Poor Person

**Fees for INCARCERATED INDIVIDUALS (Formerly inmates): know this!

The court must obtain from the facility where the incarcerated individual is housed or from the central office of the department of corrections, the incarcerated individual’s Trust Fund Account Statement for the last ___________.

{For incarcerated individuals who have been confined for less than 6 months, the court will obtain a trust fund account statement from the central office of the department of corrections and community supervision in Albany if transferred from out of state or the prior or current facility if transferred from a federal or local facility.
The court may also seek further information from the prior or current facility, if they deem it necessary.}

Answer 103

SIX (6) MONTHS.

Question 104

1101- Motion for Permission to Proceed as Poor Person

**Fees for INCARCERATED INDIVIDUALS (Formerly inmates): know this!

• If the court finds the incarcerated individual does not have the necessary funds to proceed then they will approve the request.
• They may pay a minimum of ______________ but not more than ______________ in filing fees to the court.
• This rule holds true EXCEPT for ARTICLE 78 proceedings by inmates alleging failure to correctly award or certify _____________

Answer 104

FIFTEEN (15)………. FIFTY (50) DOLLARS……. jail time credit

Question 105

1102- Privileges for poor persons:

Stenographic Transcript:

• The court clerk must notify the stenographer when a person is appearing as a poor person within ___________ of receiving the order.
• The stenographer must within _____________ make and certify _____________ transcripts of the stenographic minutes. One for the poor person or his attorney and one for the clerk together with an __________ stating the fact and date of such delivery and filing.
• The expense of such transcripts shall be _________ charge or, in the counties within the city of New York, ________ charge

Answer 105

TWO(2)DAYS…….. TWENTY(20)DAYS ………. TWO(2) typewritten….affidavit….. a county………. a city

Question 106

1102- Privileges for poor persons:

Poor persons may submit typewritten briefs for their appeal furnishing _____________ legible copy to each of the appellate judges

Answer 106

one (1)

Question 107

ARTICLE 12 INFANTS, INCOMPETENTS, AND CONSERVATEES:

General info: An infant is someone who has not attained the age of ___________

Answer 107

EIGHTEEN (18) YEARS

Question 108

1202- **Appointment of Guardian Ad litem*

This is done by the court on its own motion at any stage of an action which is triable, or upon the motion of:

• 1. An infant party himself if over the age of __________
• 2. A __________, _________ or a guardian, committee of the property or conservator
• 3. Any other party to the action if a motion has not been made by 1 or 2 above within ________ of completion of service

Answer 108

relative….. Friend….Fourteen (14)…… TEN (10 )DAYS

Question 109

1202- **Appointment of Guardian Ad litem*

Notice of motion of the appointment of the guardian ad litem shall be served on the guardian of his property, committee, or conservator or upon whom they reside if no such representative exists.
Also served on the infant themselves if they are over the age of ___________ and have not been declared to be incompetent

Answer 109

FOURTEEN (14)

Question 110

1203- Default Judgment

No default judgment can be entered against infant or incompetent until his representative has appeared in the action or at least ____________ have passed since the appointment of Guardian Ad litem

Answer 110

TWENTY(20)DAYS

Question 111

1203- Default Judgment

No default judgment may be entered against an adult incapable of inadequately protecting his rights for whom a guardian ad litem has been appointed unless __________ have expired since the appointment.

Answer 111

TWENTY (20) DAYS

Question 112

1206- Disposition of Proceeds

Any property the infant, incompetent or conservatees may be entitled to after costs and disbursements must be paid to the GUARDIAN of his property, committee, or conservator to be held for the use of the infant, incompetent, or conservatee

EXCEPT:
- 1. ln the case of an infant who is married and resides with an ____________ - the money is held by such spouse
- 2. If the value of the property does not exceed ___________ the court may order it distributed to a person who resides with or has an interest in the welfare of the infant, incompetent, or conservatee and held for their use and benefit.

Answer 112

adult spouse………… $10,000,

Question 113

1206- Disposition of Proceeds

No money shall be held from an infant who has obtained the age of _________ unless a court order specifically states to withhold it.

Any order made prior to September 1, 1974 directing payment to be made to infant without further court order upon reaching the age of 21 shall be deemed to designate the age of 18 years

Answer 113

18

Question 114

1210- Guardian of infants

Petition for appointment of a Guardian may be made by:

• 1. The infant, if they are the age of __________ or more
• 2. _________ or _________ of the infant

Answer 114

FOURTEEN (14)……. Relative or Friend

Question 115

1210- Guardian of infants

• lf the infant is over the age of ____________ the court SHALL examine him for his voluntary nomination or for preference for suitable Guardian.
• lf the infant is under FOURTEEN (14) _________ must appoint suitable Guardian

Answer 115

FOURTEEN (14) ….. the court

Question 116

1211- Allowance of infants Support

Such notice of this request for the allowance of an infant’s support, maintenance or education SHALL be given to:

• The ____________ of the property if they are not the petitioner making the request
• (NEW) all ___________ and guardians of the infant;
• The infant if over ________________

Answer 116

Guardian ………… parents……….. FOURTEEN (14) YEARS

Question 117

2003- irregularity in Judicial Sale

lf a substantial right of a party was prejudiced due to improper notice, time or manner regarding a court ordered sale, then the court may set aside the sale within ___________ after the sale was made

Answer 117

ONE (1) YEAR

Question 118

2101- Forms of Papers

• Writing shall be legible with _________ ink on ________ paper
• Beneath each signature shall be __________ the name signed
• Each paper except an exhibit, shall be in black ink and in __________ size or _______ for Summons
• Each paper shall be in the English language unless an __________ is attached with translation etc.

Answer 118

Black ……… white ……. printed ……. 10 point …. 12 point… affidavit of translator

Question 119

2101- Forms of Papers

• **A defect in the form of a paper shall be ___________ by the court as long as a substantial right of a party is not prejudiced.
• Leave to correct the defect shall be freely given and the party who was served with the defective papers has __________ to return the papers with a statement of objections or the defect will be waived

Answer 119

Disregarded……. FIFTEEN (15) DAYS

This is a good one to know people, it just screams test question, can you hear it?
REJECT THE PAPERS = 15 LETTERS = 15 DAYS

Question 120

2103- Service of Papers

Papers may be served by any person the age of __________ or over and not a party to the action

Answer 120

EIGHTEEN (18)

Question 121

2103- Service of Papers

lf a party appears by Attorney, papers shall be served upon Attorney by one of the following ways:

2. Mailing to the address designated by attorney or last known address;

• ___________ are added to the time prescribed for service when served by mail within the state, and
• __________ are added to the time prescribed for service when served by mail from outside the state but WITHIN the United States

Answer 121

FIVE(5)DAYS …. SIX(6)DAYS

Question 122

2103- Service of Papers

lf a party appears by Attorney, papers shall be served upon Attorney by one of the following ways:

6. Mailing by Overnight delivery

_____________ is added for this service

Answer 122

One (1) business day

Question 123

2103- Service of Papers

• Papers served on one party shall be served on _______ in the action
• Upon demand by a party, the plaintiff shall supply that party with a list of those who __________ and the names and addresses of their attorneys.
• Where the same attorney appears for two or more parties, _________ copy need be served

Answer 123

all parties…… have appeared………. only one

Question 124

2214- Motion Papers; Service;Time

A notice of motion and supporting affidavits shall be served at least _________ before the time at which the motion is to be heard. Answering affidavits shall be served at least _________ before such time and Reply will be on the day it is noticed to be heard. If notice of motion is served at least _________ before the time it is to be heard then the answer shall be served at least __________ before and the reply _________ before.

Don’t forget Mail ADD _______ days

Answer 124

EIGHT(8)DAYS……. TWO(2)DAYS ……… SIXTEEN (16) DAYS……….. SEVEN (7) DAYS……… ONE (1) DAY…. FIVE (5)

Question 125

2215- Relief Demanded by Other than Moving Party+

At least _________ or in certain instances under CPLR 2214 (b) up to _________ days before the time at which a motion is noticed to be heard, a party may serve a CROSS MOTION for relief or relief in the alternative

Remember….CROSS MOTION - Served a minimum of _________ prior to motion being heard.

Answer 125

THREE(3) DAYS …… SEVEN…… THREE(3) DAYS

Look at the three OOO’s and think of THREE(3) DAYS

Question 126

2215- Relief Demanded by Other than Moving Party+

If a cross motion is served by mail it must be served ___________ earlier than prescribed in this rule, if served by overnight delivery then _________ earlier. Obviously the standard rule of adding five days for mailing does not apply here

Answer 126

THREE(3) DAYS…. ONE (1) DAY

Question 127

2219- Time and Form of Order

Time for the court to decide upon a motion once submitted for decision:

• *For a PROVISIONAL REMEDY it is ___________
• *For ANY OTHER MOTION it is ___________

Answer 127

TWENTY (20) DAYS….SIXTY (60) DAYS

FutureClerk 2023: The Clerkening hint: Pro Vision is 20/20, perhaps that will help you remember 20 days

Question 128

2221- Motion Affecting Prior Order

Motion for leave to Reargue:

• 1. Shall be identified as such
• 2. Shall be based upon matters of fact or law overlooked or misapprehended by the judge who determined the prior motion, (no new facts allowed).
• 3. Shall be made within ___________ after service of the copy of the prior order and written notice of its entry. This rule shall not apply to motions to reargue a decision made by the appellate division or the court of appeals.

Answer 128

THIRTY (30) DAYS

Question 129

2302- Authority to Issue Subpoena

When you need a COURT ORDER:

• 1. Compel attendance of an incarcerated witness - A motion for such subpoena shall be on ___________ notice to the person in charge of the penitentiary.
• 2. To compel the production of an original record or document where a certified copy or transcript is admissible as evidence - A motion for such subpoena shall also be made on __________ notice to the custodian of such records

Answer 129

ONE (1) DAYS……….. ONE (1) DAYS

Question 130

2303- Service of Subpoena

• Any person subpoenaed shall be paid or tendered in advance authorized traveling expenses and ____________ witness fee
• Article 8001 “Fees” indicates: A person for whom their attendance is compelled shall receive ___________ dollars for each day’s attendance plus __________ as travel expenses for each mile traveled. EXCEPT: Travel wholly within a city, like on a subway ride

Answer 130

ONE (1) DAYS……… FIFTEEN (15.00) …….. .23 cents

Question 131

2306- Hospital Records, Medical Records

Subpoena for Hospital or Medical Records shall be served at least _________ before the time for the production of the records

(Copies certified as correct by the superintendent or head of the hospital, department or bureau or his assistant, or the officer, may be produced unless otherwise ordered by a court)

Answer 131

THREE(3)DAYS

Question 132

2307- Books Papers and Other Things

• A subpoena for books, papers and other things on a library, department or bureau of the state SHALL be issued by a justice of the _____________ Court where such record is located or by a judge in the court where the action is triable.
• A motion for the subpoena will be on _________ notice to the custodian of the book or item and the Subpoena itself must be served at least __________ in advance of the required production

Answer 132

Supreme……. ONE (1)DAYS…….. TWENTY-FOUR (24) HOURS

Question 133

2308- Disobedience of a Subpoena

Judicial:

The person not complying with the subpoena could be liable to the person who requested the Judicial subpoena for a penalty of ____________ plus damages sustained by reason of failure to comply. These are new amounts…Know This!

Answer 133

ONE HUNDRED AND FIFTY (150) DOLLARS

Question 134

2308- Disobedience of a Subpoena

Non-Judicial:

• Failure to comply with a subpoena not issued by the court, (ex. Administrative hearing or Arbitration hearing) requires the person issuing the Subpoena to move in Court for compliance.
• If the court finds it to be an authorized Subpoena, it may impose costs not exceeding __________ and another ____________ payable to the person on whose behalf the subpoena was issued, plus damages

Answer 134

FIFTY(50) Dollars……… FIFTY(50) Dollars

Question 135

2308- Disobedience of a Subpoena

Non-Judicial:

• The court may issue a warrant to have the sheriff bring the subpoenaed person to the location that they were subpoenaed to attend.
• If upon their arrival they refuse to comply with the subpoena, then they can be incarcerated indefinitely until they comply, just like for failure to comply with a subpoena issued by a court above
• If a person insists on refusing to comply with the subpoena, the court can direct him to be held in custody until he submits to do the act which he is being required to do. He shall be brought out for review at intervals of no more than every_________ to see if he has a change of heart

Answer 135

NINETY(90) DAYS

Question 136

2308- Disobedience of a Subpoena

Non-Judicial:
Failure to comply with Social service subpoena or from another state’s child support act, a penalty may be imposed not to exceed __________ , which would not need to be paid if there is immediate compliance

Answer 136

FIFTY (50.00) DOLLARS

Question 137

2402- Computation of Time for Publication of Notice

The period of publication of a legal notice shall be computed by excluding the _______ day of publication and including the day which completes the full period of publication or the day which the act or event of which notice is given is to take place

Answer 137

first

Question 138

3012- Service of Pleadings and Demand for Complaint

• Generally the time to respond by filing an answer is within __________ of the service of the Summons.
• Likewise service of a reply shall be made within ____________ after service of the pleading to which it responds.

Answer 138

TWENTY(20) DAYS ………. TWENTY(20) DAYS

Question 139

3012- Service of Pleadings and Demand for Complaint

• If a Summons is served without a complaint then the defendant has __________ to serve a written demand for the complaint.
• Service of the complaint shall be made within __________ after service of the demand.
• After the receipt of the complaint, the __________ to answer begins to run.
• The complaint shall be served within __________ of the notice of appearance, when there is no demand
• The court upon motion may dismiss the action if ___________ of the complaint is not made,
• a demand for complaint or motion to dismiss (DOES/DOES NOT) constitute an appearance in the action

Answer 139

TWENTY(20) DAYS……. TWENTY(20) DAYS……. TWENTY(20) DAYS………. TWENTY(20) DAYS….. service… DOES NOT

Question 140

3012- Service of Pleadings and Demand for Complaint

If however service is not made by personally delivering the Summons to the person to be served and is made by the other methods in Section 308, or if service is made on the defendant by delivering the summons and complaint to an official of the state authorized to receive service in his behalf, then service of the answer shall be made within _______________ after service is complete

Answer 140

THIRTY (30) DAYS

Question 141

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

The Complaint shall be accompanied by a certificate executed by the plaintiff’s attorney Stating:

-The attorney has reviewed the case and consulted with at least __________ doctor, dentist or podiatrist depending on the type of alleged malpractice and there is reason to believe there is a basis for the action

Answer 141

ONE (1)

Question 142

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

If the consultation with a doctor could not be obtained before the statute of limitations runs out, then the attorney has _________ to file the certificate from service of the complaint

Answer 142

NINETY (90) DAYS

Question 143

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

The certificate filed could also state that the attorney was unable to obtain the consultation despite making _______ good faith attempts with ________ separate physicians and none would agree to such a consultation. (The white coat wall of silence…lol)

Answer 143

THREE…… THREE

Question 144

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

Only ________ certificate per action is required, no matter how many defendants there are

Answer 144

ONE (1)

Question 145

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

If a plaintiff requests the medical or dental records of their treatment and the defendant does not provide them, then no certificate will be required by counsel for the plaintiff until _________ after the records are produced

Answer 145

NINETY(90)DAYS

Question 146

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

• An attorney submitting a certificate does not need to divulge the identity of the practitioner or the contents of the consultation if they are ___________ in getting a consultation or don’t have time to get one due to ______ .
• If they are unsuccessful after the _______ attempts, the court may require the attorney to divulge the identities.

Answer 146

Successful ……SOL………..three

Question 147

3012b Certificate of Merit in Certain Residential Foreclosure Actions

_________ certificate(s) is required per action

Answer 147

ONE (1)

Question 148

3016. Particularity in specific actions

In actions arising out of personal injuries incurred due to negligence in operating a motor vehicle, the complaint shall state that the plaintiff’s sustained serious injury or economic loss greater than the ___________ of_______________ per person of various expenses following the injury, e.g. medical costs, loss of earnings, etc.

Answer 148

basic economic loss…………. $50,000

Question 149

3024- Motions to Correct Pleadings

• A party may move to strike any scandalous or prejudicial matter unnecessarily inserted in a pleading
• Such motions to correct must be served within ____________ after being served with the pleading.
• If the Judge grants the motion to correct the pleading, then the amended pleading must be served within ____________ of service of the notice of entry of the order on motion.
• If it is denied, then the defendant’s responsive pleading must be served within the same ______________ period

Answer 149

TWENTY (20) DAYS ……… TEN (10) DAYS ……….. TEN (10) DAY

Question 150

3025- Amended and Supplemental Pleadings

A party may amend his pleading ___________ without leave (permission) of the court within:

• 1. ____________ of service of the original pleading (Same as Supplemental Summons See CPLR 305 and 1003)
• 2. Before the time to answer the original pleading ___________
• 3. Within ____________ of service of the responsive pleading to the original pleading

Answer 150

ONCE ………. TWENTY (20) DAYS…..expires…. TWENTY (20) DAYS……….

Question 151

3025- Amended and Supplemental Pleadings

The answer made to an amended or supplemental pleading shall be made within _________ of its service

Answer 151

TWENTY (20) DAYS

Question 152

3033 through 3036- The New York Simplified Procedure for Court Determination of Disputes”

In the simplified procedure:

• If a party to a contract to submit a dispute to the court believes that the other party has not fulfilled their obligations under the contract, they can file a motion on __________ ‘s notice with the court to have the terms of the statement settled and the dispute resolved through the New York Simplified Procedure for Court Determination of Disputes.
• The court will then consider whether there is a substantial question of fact as to whether the contract exists or was breached. If there is a substantial question of fact, the court will proceed with a trial without a jury unless a party requests a jury.

Answer 152

eight (8) day

Question 153

3042- Procedure for Bill of Particulars

• A party may make a demand for the Bill of Particulars.
• Within _________ of the service of the demand, the party must comply and serve the Bill of Particulars unless they object, although they must still respond on items they ________________

Answer 153

THIRTY (30)DAYS…… don’t object to

Question 154

3043- Bill of Particulars in Personal Injury Actions

• Supplemental Bill of Particulars in Personal Injury Actions - Can be done anytime even AFTER filing of __________ as long as it’s at least __________ before trial.
• The other party can newly exercise any and all rights to discovery within __________ upon receiving the supplemental bill but only with respect to such continuing special damages and disabilities.

Answer 154

THIRTY(30)DAYS …… SEVEN(7)DAYS

Question 155

3045* Arbitration of Damages for Medical,Dental or Podiatric malpractice

• Any time after filing the ____________ but no later than __________ after filing the special notice required for medical, dental or podiatric malpractice, the defendant can demand that the plaintiff elect to consent to the arbitration of damages upon concession of liability
• Within __________ of the demand, the plaintiff must elect to proceed to such Arbitration or not
• If within ___________ of the plaintiff agreeing to proceed to this arbitration, the defendant serves a “___________ “ the issue of damages, including the proximate cause, will be subject to Arbitration.
• A “________________” will not be binding upon the defendant for any other purpose

Answer 155

Bill of Particulars…… SIXTY (60) DAYS……… TWENTY(20) DAYS………. TWENTY (20)DAYS …… concession of liability……… concession of liability

Question 156

3201. Confession of judgment before default on certain installment contracts invalid.
      - No judgment by confession shall be entered upon an affidavit that was executed prior to the time a default in a payment of an installment occurs for a purchase of __________ or less in commodities other than for commercial or business use

• A judgment entered in violation to this provision is ________ and unenforceable

Answer 156

$1,500.00…….. two ….. void

Question 157

3211. Motion to dismiss.+

A motion to dismiss should be brought at any time before service of the __________ is required on one of the grounds mentioned above. Only _________ such motion shall be permitted

Answer 157

responsive pleading ………. ONE (1)

Question 158

3211. Motion to dismiss.+

• An objection to the summons and pleadings not being properly served is waived unless within ________ of raising the objection in a responsive pleading,the objecting party moves for judgment on that ground
• This does not apply to a proceeding to collect debt from:
• 1. ____________ transaction; or
• 2. proceedings for ___________ that default on rent or failure to vacate premises after expiration of their lease

Answer 158

SIXTY (60) DAYS……… a consumer credit …….. tenants

Question 159

3211. Motion to dismiss.+

Service of a notice of motion to dismiss prior to the service of the pleading responding to the cause of action extends the time to serve the pleading until ________ after service of notice of entry of the order

Answer 159

TEN (10) DAYS

Question 160

3212- Motion for Summary Judgment (Know this section)+

Any party may move for summary judgment in any action after the issue has ________ . There are time frames for this that should be memorized:

• The court can set a date for when no motions for summary judgment may be brought, but such date must be no earlier than ______________ after filing the note of issue.
• If the court does not set a date, then such motion must be brought within __________ of filing the __________.

Answer 160

been joined …….. been joined THIRTY (30) DAYS……… 120 DAYS…… note of issue

EXPLANATION:
The court can set a cutoff date for when motions for summary judgment can no longer be brought. However, the date CANNOT be within a 30-day window following the filing of the note of issue.
If the Court does NOT set a cutoff date for when motions for summary judgment can no longer be brought, then there is a 120 day window starting when the note of issue is filed where any party can file a motion for summary judgment.

Question 161

3212- Motion for Summary Judgment (Know this section)+

• (NEW) At the time of serving a notice of motion for summary judgment against a consumer defendant in an action to collect a debt, the plaintiff must submit to the clerk a stamped, unsealed envelope addressed to the defendant with an additional notice in _________ font in English and Spanish.
• The notice will outline the basic information of the case, the process to oppose the motion, and information on free legal help.
• The chief administrative judge shall issue a Spanish translation of the notice

Answer 161

12 point

Question 162

3212- Motion for Summary Judgment (Know this section)+

• In an action to collect a debt, the clerk promptly shall mail to the defendant the envelope containing the additional notice and note the date of mailing in the case record.
• Summary judgment shall not be entered based on defendant’s failure to oppose the motion unless there has been compliance with this section and at least __________ have elapsed from the date of mailing by the clerk or ____________ if the plaintiff’s notice of motion demands additional time

Answer 162

fourteen (14) days………. nineteen (19) days

Question 163

3213- Motion for Summary Judgment in Lieu of Complaint

• When an action is based upon an instrument for the payment of _________only, or upon any ___________, the plaintiff may serve with the summons, a notice of motion for summary judgment and supporting papers in lieu of ___________
• The summons directs the defendant to serve answering papers to the motion by the return date of the motion.
• If the return date of the motion is longer than the normal time to answer a complaint, the plaintiff can require the answer no more than ___________ days prior to the hearing date of the motion
• No default judgment may be entered pursuant to subdivision (a) of section 3215 prior to the hearing date of the motion.

Answer 163

money …judgment…. a complaint. …… TEN(10) DAYS

Question 164

3215. Default judgment.+

• When a DEFENDANT fails to appear, plead or proceed to trial of an action, the plaintiff may seek a default judgment against him.
• If the plaintiff’s claim is for a sum certain, application may be made to the clerk within ________ after the default.
• The clerk will then enter judgment for the amount demanded in the complaint plus __________ and _____________ .
• Upon entering a judgment against less than all defendants, the clerk shall also enter an order __________ the action as to them.

Answer 164

ONE(1)YEAR…costs and interest….. severing

Question 165

3215. Default judgment.+

• If the PLAINTIFF fails to proceed to trial or if the court orders a dismissal for any other neglect to proceed, the defendant has ________ to make application to the clerk for a judgment against the plaintiff for costs
• Where the case is not one in which the clerk can enter judgment, the plaintiff shall apply to ______________ for judgment

Answer 165

ONE (1) YEAR…….the court

Question 166

3215. Default judgment.+

• If the plaintiff fails to request a default judgment within _________ of the default, the court shall dismiss the complaint as ______________ without costs on its own initiative or on motion of the defendant who decided to show his face just to move the court to dismiss the action against him.
• Interestingly this motion by the defendant does not constitute an appearance in the action

Answer 166

one year………. abandoned

Question 167

3215. Default judgment.+

• Whenever an application for Default judgment is made to the court or to the clerk under this section, and the defendant has appeared, they shall be entitled to ___________ notice of the time and place of the application
• The court may dispense with the requirement of notice when a defendant who has appeared has failed to proceed to trial of an action reached and called for trial.

Answer 167

FIVE (5) DAYS

Question 168

3215. Default judgment.+

If a defendant who has failed to appear in an action before the motion for judgment is heard, the defendant who has failed to appear may serve on the plaintiff at any time before the motion for judgment is heard a written demand for notice of any reference or assessment by a jury, the plaintiff must give the defendant at least __________ notice of the time and place of the reference or assessment by a jury.

Answer 168

five days’

Question 169

3215. Default judgment.+

• There is also a requirement that when the default judgment is based upon non-payment of a contractual obligation of a natural person, an additional notice must be given to the defendant at least ________ before entry of judgment by mailing a copy of the summons by ____________ mail to the residence of the defendant in an envelope stating “personal and confidential” and not indicating such notice is from an attorney
• If a copy of the summons is returned before the entry of a default judgment as undeliverable by the post office or if the place of residence of the defendant is unknown, a copy of the summons shall then be mailed to the defendant at their place of employment or, if residence and employment is unknown, last known residence
• The additional notice may be mailed simultaneously with or after service of the summons on the defendant. Where there has been compliance with the mailing, failure of the defendant to receive the additional notice shall not preclude the entry of default judgment.
• This requirement shall not apply to cases in the _________ part of any court, or to any summary proceeding to recover possession of real property, or to actions affecting title to real property, except residential mortgage foreclosure actions.

Answer 169

TWENTY (20) DAYS……… first class…….. small claims

Question 170

3215. Default judgment.+

• When a default judgment based upon non-appearance is sought against a domestic or authorized foreign corporation an affidavit shall be submitted that an additional service of the summons by first class mail has been made upon the corporation at its last known address at least ___________ before the entry of judgment.
• The additional notice may be mailed simultaneously with or after service of the summons on the defendant. Where there has been compliance with the mailing, failure of the defendant to receive the additional notice shall not preclude the entry of default judgment.
• This requirement shall not apply to cases in the small claims part of any court, or to any summary proceeding to recover possession of real property, or to actions affecting title to real property

Answer 170

twenty (20) days

Question 171

3216- Want of Prosecution
- Where a party neglects to proceed in an action or delays prosecution against a party who may be liable to them or unreasonably fails to serve and file a note of issue, the court on its own initiative or upon motion may dismiss the party’s pleadings, such dismissal is not on the merits

• Prior to issuing such dismissal there are three requirements that first be met, here they Are:
• 1. _______ must have been joined in the action
• 2. ___________ elapsed since joinder of issue or _________ since the issuance of a preliminary court conference order, whichever is later
• 3. The party seeking the relief must serve a written demand by registered or certified mail requiring the plaintiff to resume prosecution and to have them serve and file a note of issue within __________ of receiving the demand
• In the event that the party upon whom the demand is served serves and files a note of issue within such________ period, the same shall be deemed sufficient compliance with such demand and diligent prosecution of the action
• If the plaintiff continues to not comply after the three above steps have been met, then the action will be dismissed
• This section does NOT apply to the dismissal of _________ cases

Answer 171

Issue ……. ONE (1) YEAR…….. SIX months …… NINETY(90) DAYS…… ninety day…. abandoned

Question 172

3217- Voluntary Discontinuance

To discontinue an action WITHOUT an order of the court, one of the three must be done:

1. Serve upon all parties a notice of discontinuance at anytime before a responsive pleading is served or within __________ if no responsive pleading is required, to be followed by filing the notice with proof of service upon the court
2. By filing with the clerk before the case is submitted to the court or jury, a ________ in writing signed by the attorneys of record of all parties, as long as no party is an infant, incompetent or conservatees
3. By filing with the clerk before the case is submitted to the court or jury, a certificate or notice of ___________ excluding a parcel of land that is the subject matter of the action

In all other circumstances beyond those listed above, to discontinue an action an order of the court is required, however no action shall be discontinued once submitted to the court or jury to ____________ , except upon stipulation of all parties appearing in the action.

Answer 172

TWENTY(20)DAYS…… stipulation……… discontinuance….. render a decision

Question 173

3218 - JUDGMENT BY CONFESSION

• At any time within __________ after the defendant’s affidavit is executed,it may be filed with the clerk of the county where the defendant resided when executing the confession.
• The clerk shall then enter the judgment in the Supreme Court with costs of ____________ . No judgment of confession can be entered for a dead defendant
• The judgment may be docketed and enforced in the same manner and with the same effect as a judgment in an action in the ___________ court.

Answer 173

THREE (3)YEARS………… FIFTEEN (15) DOLLARS…… supreme

Question 174

3219- Tender

• At any time but not later than _________ before trial a party against whom a cause of action is based may without court order deposit with the clerk of the court for safekeeping an amount that they feel should sufficiently satisfy the claim against them.
• They will then serve upon the claimant a written ______ of the payment to satisfy the claim and serve a copy of it upon the clerk
• The clerk does not consider this money as a payment into court but simply puts it into a safe or vault for safekeeping

Answer 174

TEN(10) DAYS ……. TENDER

Question 175

3219- Tender

Within ________ , the claimant, if they are satisfied with the amount deposited, may withdraw the funds upon the filing of an affidavit that the amount is in full satisfaction of the claim. The clerk will then enter a ________ dismissing the pleading

Answer 175

TEN(10) DAYS…… judgment

Question 176

3220- Offer to Liquidate Damages Conditionally

• This section provides for a defendant to serve upon a claimant no later than _________ before trial a written offer to allow a judgment of a specified amount to be entered against him. The claimant then has ___________ to accept the offer. If damages are awarded to the plaintiff after trial, it will be in the amount of the offer if it was accepted. If the offer was not accepted and the award of damages after trial was less than the offer, then the costs of defending the action from the time the offer was made is upon the plaintiff.
• At no time is the offer made known to _________

Answer 176

TEN(10) DAYS……….. TEN(10)DAYS…….. the jury

Question 177

3221- Offer to Compromise

Except for matrimonial actions, at any time and not later than __________ before trial, any party against whom a claim is asserted may serve upon the claimant a written offer to allow a judgment to be filed against him for a sum or property with costs.

Answer 177

TEN(10)DAYS

Question 178

3221- Offer to Compromise

• If within _________ after service of a written offer to allow a judgment, the claimant serves a written notice accepting the offer, either party may thereafter file the summons, complaint and offer with proof of acceptance.
• The ________ will then enter the judgment accordingly

Answer 178

TEN(10)DAYS….. clerk