NY BAR REVIEW 13

Question 1

TENANCY BY THE ENTIRETY

Answer 1

grant by anyone to husband and wife NECESSARILY results in tenancy by the entirety unless grantor EXPRESSLY provides otherwise.

Question 2

tenancy by the entirety- disposition of real property to unmarried persons whom conveyance describes as husband and wife

Answer 2

JOINT TENANCY is created, unless tenancy in common is expressly declared.

Question 3

tenancy by the entirety

Answer 3

An interest in property that can be held only between a husband and wife in which each party has a right of survivorship over the property and which neither party can terminate without the consent of the other.

Question 4

tenancy in common- right of survivorship?

Answer 4

NO

Question 5

joint tenancy of husband and wife - right of survivorship?

Answer 5

YES

Question 6

severance - contract to convey

Answer 6

right of survivorship of NONACTING PARTY will NOT be destroyed UNLESS conveyance is PROPERLY RECORDED

Question 7

joint tenancy

Answer 7

owner creates it in himself and another by a single deed eventhough unities of TIME AND TITLE are NOT satisfied.
By statute, disposition of property to two or more persons as executors, trustees, guardians, creates JOINT TENANCY even without specific words in conveyance of title

Question 8

defenses to professionals’ DUTY TO DISCLOSE risks of treatment

Answer 8

undisclosed risk is too commonly known.
patient indicated would undergo treatment or diagnosis irrespective of risk, or he didnt wish to receive the info that practitioner was otherwise obligated to disclose.
Consent by or on behalf of patient wasnt reasonably possible OR practitioner, after considering all circumstances, used reasonable discretion re manner and extent to which risks and alternatives were disclosed bc reasonably believed that manner or extent of disclosure could be expected to adversely and substantially affect patient’s condition.

Question 9

possessor’s duty to those on premises

Answer 9

Plaintiff’s legal status doesnt determine duty owed to him.

standard is REASONABLE CARE under the circumstances for ALL injuries on land.

Question 10

plaintiff status does remain relevant re

Answer 10

foreseeability of his presence and amount and nature of precautions required to meet standard of reasonable care under circumstances

Question 11

statutory standard of care
effect of establishing
violation of statute

Answer 11

negligence per se- violation of statute

negligence - unexcused breach of regulation or local ordinance

Question 12

violation of state statute

Answer 12

negligence PER SE

Question 13

unexcused breach of regulation or local ordinance

Answer 13

evidence of negligence

Question 14

statutory standards and employees

Answer 14

workers’ comp replaces any tort liability arising out of on the job accidents

Question 15

creation of easement

prescription

Answer 15

by statute, use in requisite manner for 10 YEARS establishes easement by prescription.
same as adverse possession

Question 16

duty re negligent infliction of emotional distress

plaintiff must be within ZONE OF DANGER

Answer 16

if plaintiff’s distress is caused by threat of physical impact, threat MUST be directed at plaintiff or an IMMEDIATE FAMILY MEMBER in his presence.
ZONE OF DANGER of physical injury.
no other plaintiff who sees defendant negligently injuring another can recover damages for own distress

Question 17

covenants running with the land

real covenants

Answer 17

TOUCH AND CONCERN THE LAND is extended to include contributions toward common fund for neighborhood upkeep of parks, roads, where contributing property owners receive easement in common to use public areas.

Question 18

assault

Answer 18

victim put in REASONABLE apprehension OR apprehension of HARMFUL OR OFFENSIVE touching or CONTACT.
stop, or ill shoot!
pointing a rifle at time threat was made.
IMMEDIACY
NOT lesser included tort within battery!
what is contained in gun is irrelevant.

Question 19

The 3 FUTURE COVENANTS in general warranty deed

Answer 19

breached only on interference with possession of grantee or successors.
Run w grantee’s estate.
Run w land.

Question 20

Adverse possession

Running of statute

Answer 20

By statute, possession for 10 YEARS in requisite manner will establish possessors title to land.
TENANT IN COMMON in EXCLUSIVE possession who HASNT ousted his nonpossessory co-tenant can claim title by adverse possession after 20 YEARS

Question 21

RULE AGAINST PERPETUITIES

fertile octogenarian

Answer 21

presumptions as to childbearing age
presumption that male can have a child at 14 YEARS OLD and over and a female at 12 YEARS OLD and over, but NOT over 55.
Evidence may be given to establish whether living person is able to have a child at time in question.

Question 22

RULE AGAINST PERPETUITIES

validity of interest

Answer 22

presumption that creator INTENDED to create a valid interest

Question 23

Unborn beneficiaries

Answer 23

TRUST INCOME INTEREST in unborn person is subject to STATUTORY SPENDTHRIFT RULE and subject to restriction on transfer.

Question 24

SUSPENSION RULE is violated

Answer 24

when there is a life estate in trust in unborn person, or in class that may possibly include unborn persons.

Question 25

SUSPENSION RULE restricts duration

Answer 25

of NY TRUSTS to lives in being plus 21 YEARS, unless income beneficiaries are given power to transfer their interests.