NY Civil Procedure

Question 1

FRCP (transferee when improper venue originally)

Answer 1

When a diversity action that is brought in a federal district court without proper venue is removed to a district court with proper venue, the transferee court applies the law of the state in which it sits.

Question 2

FRCP (quasi in rem)

Answer 2

still need minimum contacts analysis.

Question 3

Name of Rules statute

Answer 3

CPLR (civil procedure law and rules!)

Question 4

SOL:  
20 years (4)
10 years (2... 5)
7 years (1)

Answer 4

20 YEARS: STATE PROPERTY, FAMILY SUPPORT, BONDS, & JUDGMENTS!
o By the State or its grantee to recover Real Property
o Support, alimony, maintenance
o Principal or interest on bonds
o Enforce a money judgment

10 YEARS: PRIVATE REAL PROPERTY
o Recovery of real property or its possession
o Redeeming real property for a mortgage
o Premises after state grant of real property is annulled due to fraud or mistake
o Affidavit of support amounts paid to or on behalf of an alien
o See below

7 YEARS: CRIME VICTIM
o Generally, Action by a crime victim to recover damages from the convicted perpetrator. HOWEVER, if FELONY, then 10 YEARS; for PROFITS OF CRIME must be 3 YEARS of discovery; for RAPE etc, if not convicted must be brought in 5 YEARS.

Question 5

SOL: 6 Years (5…8)

Answer 5

REMEMBER: (K*, Mortgages, Contributoin, Derivative actions, Fraud)

o Default SOL—If no other statute of limitations applies
o Contracts, EXCEPT contracts for the sale of goods (four-year statute of limitations)
o Action on a sealed instrument
o Action on mortgage of real property, or a bond or note securing a mortgage
o Contribution against joint tortfeasors
o Misappropriation or spoliation of public property
o Equity/Mistake
o Derivative action by or for a corporation or LLC against present or former directors, officers,
shareholders, members
o Fraud

TRICKY: remember to distinguish between SOL on K and K for sale of goods!

Question 6

SOL: K (trick)

Answer 6

6 …. or 4 if sale of goods

Question 7

SOL:
5 years (1)
4 years

Answer 7

5 YEARS:
o By victim of first-degree rape, criminal sexual assault, aggravated sexual abuse, or conduct against a child, whether or not the perpetrator is convicted

4 YEARS:
o Overcharge of residential rent
o Breach of contract for the SALE OF GOODS
o Breach of implied warranty for sale of a new home

Question 8

SOL: 3 years (1….9)

2.5 years (1***)

Answer 8

3 YEARS: (Negligence and stuff like it)
o NEGLIGENCE causes of action
o Strict products liability
o Damages for injury or damage to property
o Personal injuries
o Annul marriages on grounds of fraud
o Professional malpractice OTHER THAN doctors, dentists, podiatrists, regardless of whether
underlying theory is contract or tort
o Personal property injuries due to strict product liability
o Sheriff, constable, or other officer for non-payment of funds collected on payment of
judgment
o Statutory liability, penalty, forfeiture
o Recover chattel or damages

2.5 YEARS: (Med Mal!)
o Medical, dental, podiatric malpractice
o Lack of informed consent—Two-year, six-month limitation period
o IF FOREIGN OBJECT, then ONE YEAR from discovery

Trick #1: Med mal vs. negligent hiring!

Question 9

SOL:
2 years
18 months
1 year, 90 days

Answer 9

TWO YEAR:
-Wrongful death, but if bc of crime then 1 year after termination of criminal prosecution

18 MONTHS:
- Contracts against village (AND must fie notice with village clerk within ONE year)

One year, 90 days:

• Tort actions against municipalities
• Must file NOTICE of claim

Question 10

SOL:
1 year
4 months

Answer 10

ONE YEAR: (intentional torts, arbitration, penalties etc)

• Intentional torts
• arbitration awards
• enforcing statutory penalty
• sheriff, coroner for official act or omission
• overcharge
• against village if NOT based on K/tort
• tenant for damages from retaliatory eviction (INTENTIONAL)

FOUR MONTHS:
Article 78 proceedings - mandamus etc.