Civil

T/f No court shall extend the time limited by law for commencement of an action
True False

T/f The parties may agree in writing to a shorter time than that listed in this article
True False

If a cause of action accrues outside NYS, the shorter s/l of the two states applies (if cause of action accrues _____ of NYS resident, the s/l. of NYS )applies

For an action to be commenced timely, the claim must be___________ within the prescribed s/l

In an action commenced by service, the claim is interposed when the summons and complaint are served or filed?

If a person leaves the state, s/l tolls after the person is outside the state for___ months

S/l in an action to recover interest or principal on a bond issued by NYS Is____

Si in an action to recover real property or its possessions is____

S/l on a contract or where no specific s/l is prescribed is_____

S/ proceeding against a body or officer (art 78 proceeding) is_______

S/l for an action for support, alimony or maintenance based upon default in payment is _____

S/l on an action on a mortgage upon real property is _____

S/l on a residential rent overcharge is_______

S/l on an action to recover chattel is_______

S/l for an action for which no specific statute of limitations is prescribed Is_______

S/l on an action for personal injury Is______

S/l on an action upon an arbitration award is_______

Which of the following s/l is not 20 years
A- action to recover interest or principal on a bond issued by NYS
B-action on a money judgement (extended if a debtor or his Rep make partial payment)
C- action by state for real property
D- action to recover real property or its possessions

Which of the following statute of limitations is not 10 years?
A-action to recover real . property or its possessions
B-action to recover letters patent after patent declared void
C- action to recover real property after grant is declared void
D-action for which no specific s/l is prescribed

Which of the following two statements are correct:
1-No court shall extend the time limited by law for the commencement of an action
2-the parties may agree to a shorter time than that listed in CPR article 2
A- both statements are not correct
B- only statement one is correct
C- only statement two is correct
D- both statements are correct

Which of the following two statements are correct
1- In an action which is commenced by service, a claim is interposed when the summons is served upon the defendant
2- In an action commenced by filing, a claim is interposed when the summons and,l complaint or summons with notice is filed
A-both statements are not correct
B-only statement one is correct
C- only statement two is correct
D- both statements are correct

If a defendant is outside NYS when a cause of action accrues against him, s/l starts to run when
A) the answer is filed
B) he leaves the state
C) ne returns or comes into the state
D) the summons is served

If a person leaves the state after a cause of action has accrued against him, the statute of limitation tolls after he has been outside the state for_____
A- 1year
B- 6 months
C-4 months
D- 1 month

If a person agains whom a cause of action has accrued lives under a false name that is unknown to the person entitled to commence the action, the s/l tolls, however the above rule does not apply if
1- there is a designated person to whom summons may be served in NYS
2- a foreign corporation has a person or officer in NYS to whom service may be made
3-jurisdiction may be obtained without personal delivery of summons in NYS to defendant
a-1&2 only
B-1,2&3
C-2&3
D- 1&3 only

Statute of limitation on a contract is ______ years
A) 7
B) 4
C) 6
D) 2

Statute of limitation on an arbitration award is_____ years
A-1
B-2
C-3
D) none of the above

Statute of limitation for which no specific statute of limitation is prescribed is_____ years
A-2
B-4
C-6
D-7

'the statute of limitation is extended where person entitled to commence action is under a disability because of infancy or insanity In such cases the statute of limitation is extended 3 years after termination of disability ( if statute of limitation period was 3 years or more and expired no later than 3 years after disability ended). If time otherwise limited is less than three years, time shall be extended by period of disability. Generally time within which action must be commenced shall not be extended by beyond ____ years after cause of action accrues. (exception: medical dental or podiatry malpractice where the person was under a disability due to infancy)
A-5
B-7
C-8
D-10

generally death of claimant before commencement of an action extends time to commence action to after the death of the claimant by_____ ( claim is commenced by the deceased’s representative).In cases where the person liable (the defendant) dies, the statute of limitation is extended by___
A- 1year… 18 months
B-18 months …z1 year
C-1 year…. 2 years
D-none of the above

Generally, plaintiff (or executor or administrator) may start new action within six months of termination of previous action if new action would have been timely commenced at start of previously terminatedt action and that service upon defendant is made within such 6 month period. This does NOT apply if previous action was terminated because of:
1- voluntary discontinuance or final judgement on the merits
2- failure to obtain jurisdiction over the defendant
3-dismissal for failure to prosecute the action
A) 2 only
B) 1,2 and 3
C) 1 and 2 only
D) 1 only

CPLR302
T/f
The Court shall not exercise personal jurisdiction over non domiciliaries
True False

CPLR 303 party who starts an action in New York State and who is not subject to personal jurisdiction may be served in other specified separate actions through his attorney or if no attorney appears for him, the -_____ during pendency of action

CPLR 304 if the Court finds that circumstances prevent immediate filing, the signing of an order requiring filing on specified date and time (no later than __ days thereafter) shall commence the action

CPLR 304 true/false
Filing may be by electronic means, but not facsimile transmission
True False

CPLR 305
If complaint is not served with summons, A_____________ stating nature of action and relief sought must be attached

CPLR 305 true or false
Court may allow summons or proof of service of a summons to be amended only within 30 days after service
True False

CPLR 306
Proof of service shall be in the form of a________ if service is made by sheriff or other public servant

CPLR 306
If service 1s made by an individual proof of service shall be in the form of___________

'CPLR 308
Service may be made in such manner as the Court directs upon motion (with / without) notice if service is impracticable under sections 1,2 and 4 of CPLR 308

CPLR 309
Personal service on an incompetent may be made on the_________ of the incompetent

CPLR 307
T/F
Personal service on Attorney General may not be made to asst. Attorney general m NYS
True False

CPLR 308
In service to PERSON of suitable age + discretion mailing must be done within_____ days of service to person of suitable age + discretion

CPLR 308
In nail and mail filing proof of service must be done within____ days of nailing and mailing
Whichever is done last

CPLR 308
In nail and mail and service to person of suitable age and discretion, service is complete___ days
After filing proof of service

CPLR 309
An infant the age of____ or over must also be served

CPLR 310
To serve a partnership, who may be served

CPLR 311
T/F
A corporation can be served by serving any employee
True False

CPLR 311
T/F
To serve NYC you can serve the mayor
True False

CPLR 310a and 311a
T/F
If service can n not be made as per the prescribed methods, service may be made in any other
Manner the court directs
True False

CPLR 312a
T/F
You need a court order to serve by mail
True False

CPLR 312a
T/F
Service by mail can be done by Plaintiff or any other person
True False

CPLR 312a
Acknowledgement of receipt (312a) must be mailed or delivered within___ days of receipt

CPLR 312a
Answer (CPLR 312a) must be filed within____ days after signed acknowledgement is mailed or
Delivered to sender

CPLR 316
T/F
A Court order is needed for service by publication
True False

CPLR 316
Summarizeyu service by publication requirements

CPLR 317
A person not served by personal delivery has up to____year(s) after he discovers default judgement
To come in and defend action( but no more than 5 years after the entry of judgement)

CPLR 320
When summons is served by personal delivery within Nys, defendant has____ days after such
Delivery to answer

CPLR 320
When a summons is served by other than personal delivery (except 312a) defendant has____ days after service is complete to answer

CPLR 321
A corporation and voluntary association must appear by_______

CPLR 311
To server a corporation, you can serve an officer, director, manager, cashier (treasurer), assistant cashier or_______

CPLR 304
What commences an action?

CPLR 304
T/F
The service of a notice of petition commences a special proceeding
True False

CPLR 304
T/F
Filing under this section means the delivery of the summons with notice or summons and complaint.
To the clerk of the court
True False

CPLR 304
T/F
at the time of filing the petition and notice of petition the clerk is required to date stamp the original papers but not copies thereof.
True False

CPLR 304
If filing is by fax, clerk must return a date stamped copy of_______ and the index number

CPLR 304
If filing is by electronic means, clerk must notify filing party of________ and date and time of filing

CPLR 305
A summons shall specify which 4 things

CPLR 305
T/F
in a consumer credit transaction n county of residence of defendant if within Nys and county where transaction took place if within the state must appear on the summons
True False

CPLR 305
A__________ is used to bring a new party into an action.

CPLR 306b
In a Supreme Court case generally service must be made within____ days after filing summons and complaint

A party who starts an action in Nys and who is not subject to personal jurisdiction may be served in other specified separate actions through his
A) agent
B) Attorney
C) out of state mailing address
D. None of the above

A special proceeding is commenced by
A) filing of summons and complaint or summons with notice
B) filing of petition
C) service of summons and complaint or summons with notice
D ) service of petition and notice of petition

Which of the following is not correct - At the time of filing a petition the clerk shall
A) stamp the original and a copy of papers
B) retain the original
C ) return the copy to the party filing the papers
D mail by certified mail a copy to the respondent

Which of the following is not correct
A) filing may be done by fax or by electronic means CPLR 2103 f
B)if filing is by fax clerk must return date stamped copy of all pages of the papers and the index number
C) if filing is by electronic means clerk must notify the filing party of the index number and date and time of filing
D A confirmation record of fax machine or computer and affidavit of filing by filing party is prima facie evidence of transmittal

Which of the following is not correct? A summons shall specify
A- basis of venue designated and Plaintiff's address if that is basis of venue
B- index number
C- name of clerk who issued index number.
D- date of filing with the clerk of Court

Which is not correct? A summons in a consumer credit transaction shall-
A- prominently display at top of summons the words" consumer credit transaction"
B- specify the county of residence of the defendant if defendant lives within Nys
C- specify the county where transaction took place if within NYS
D- specify the county where the item was manufactured

Court may allow summons or proof of service of a summons to be amended_______ if a substantial right of a party is not prejudiced.
A- at the time of filing proof of service only
B- within 15 days of service
C- within 30 days of filing proof of serviceaa
D- At any time

Which of the following is not correct? Upon the filing of the summons and complaint or summons with notice in Supreme or County Court -
A- an index number shall be assigned
B- A fee shall be paid
C- if the filing is to bring in a third party, a fee shall be paid
D- if the filing is to bring in a third party a separate index number shall be assigned

An individual who has suffered personal injuries and received medical assistance from social services and commences an action shall notify social services district or Departmentof health (certified mail, return receipt requested) within____ days of completion of service on all parties
A- 30
B- 60
C- 90
D- 120

Which of the following is not correct? Personal Service upon A natural person may be made-
A- by personal delivery of the summons to person within Nys
B- by delivery of summons in NYS to person of suitable age and discretion, at persons place of business, dwelling, abode, and either mailing summons to persons last known residence or actual place
Of business ( first class mail) with notation "personal and confidential" on envelope
C- delivery and mailing must be made within 20 days of eachother
D- filing with clerk must be done within 20 days of delivery or mailing which ever is done last
E- service is complete 20 days after filing proof of service.

Where the court directs that a new party be joined in the action and the order is not made upon the new party's motion, a_______ summons shall be served upon such party
A- third party
B interpleader
C supplemental
D duplicate

Which of the following is false? Proof of service may be
1- in the form of a certificate if service is made by sheriff
2- in the form of an affidavit if service is made by a person
3- in the form of an affidavit if service was made by authorized public officer
A) 1&3 only
B) 1 only
C) 3 only
D) 2&3 only

If proof of service in an action commenced in Supreme or County court is not filed with the clerk of the court within 120 days after date of filing of the summons and complaint:
A- action will be automatically dismissed
B- defendant may move for dismissal
C-time to file is automatically extended by 10 days
D- none of the above

Where service is by nail and mail or by delivery to person of suitableage and discretion and then mailing, delivery and mailing must be done within 20 days of eachother. In such cases service is complete______ days after filing proof of service is filed with the clerk
A 10
B 20
C 30
D none of the above

In personal service upon an infant if the infant is the age of _____ or over, the Summons shall also be personally served on the infant
A-7
B-10
C-14
D-16

Which of the following is false? Personal service on partnership may be made by personally serving summons on:
1-any one of the partners
2- the managing agent of partnership and mailing to a partner
3- the spouse of any one of the partners and mailing to a partner
4- person in charge of partnership office in NYS and mailing to a partner
A- 1 and 4
B- 2 only
C 3 only
D 2 and 3

A person to whom summons was not personally delivered and who does not appear may be allowed to defend the action within_____year(s) after he obtains knowledge of the entry ofjudgement however the preceding period can not extend more than____ year(s) after such entry
A 7,20
B 4,7
C 5,7
D 1,5

Which of the following are true? A court may exercise personal jurisdiction over any non domiciliary his executor or administrator who in person or through an agent-
1- transacts business within NYS or contracts anywhere to supply goods or services in NYS
2- commits a tortious act without the state except defamation of character
3-owns, uses, or possesses any real property in the state
A- 1,2,3
B- 1,2
C- 2,3
D-1,3

Which of the following two statements are true?
Filing may be done by fax or by electronic means(CPLR 2103 f)
I- if filing is by fax clerk must return date stamped copy of first page of papers and index number
2- if filing is by electronic means clerk must notify filing party of index number date and time filing
A 1 only
B 2 only
C 1,2
D neither 1 nor 2

A summons shall specify-
1- basis of venue designated and plaintiffs address if that is the basis of venue
2- index number
3- date of filing with clerk of court
A-1,2
B-1,2,3
C- 1,3
D- 2,3

A summons in a consumer credit transaction shall-
1 prominently display at top of summons the words "consumer credit transaction”
2 specify the county of residence of the defendant if defendant lives within NYS
3 specify county where transaction took place if outside NYS
A 1,2
B 1 only
C 1,2,3
D 1,3

Which of the following two statements are correct?
1- generally proof of service must specify papers served, date, time, and address of service if no address, place and manner of service and
Facts showing service was done by an authorized person in an authorized manner
2- if service is made by delivery to an individual, proof of service (affidavit) shall include description of person ( sex, skin color, hair color, approx age, weight and height and other identifying features)
A 1 only
B 2only
C both 1,2
D neither 1 nor 2

One method of personal service on a state officer sued in his official capacity is to deliver the summons to the _________ or designee of the agency
A chief executive officer
B secretary of the agency
C person of suitable age and discretion at agency
D supervisor of the office

Which is not correct? Personal service on an infant may be made by personally serving summons within NYS -
A- upon a parent or any guardian
B- other person having legal custody
C- if infant 1s married to adult spouse with whom infant resides
D- if none are within NYS to any teacher at the infants school

Which of the following statements relating to service of defendant in parenthesis is not correct?
A (town) you can serve Supervisor ok clerk.
B (NYC) -you can serve mayor or other person designated by him to receive process
C (any city other than NYC) you can serve the mayor comptroller, treasurer, counsel clerk
D (county) you can serve chairman or clerk of board of supervisors, clerk, attorney or treasurer

Which is false relating to service by publication? Order shall direct that the following be published-
A- A summons and a brief statement of nature of action and relief sought
B- notice to plaintiff
C- sum of money for which judgement will be taken in case of default except in medical malpractice
D- brief description of real property if it is subject to litigation

Which of the following statements is not correct?
A - 325A - The Supreme Court upon motion can remove a case from a court where an action was commenced by mistake to the proper Court
B- 325B- upon motion a court having the necessary jurisdiction to grant the relief that parties are entitled to may remove to itself an action in a court which has the required jurisdiction
C- 325C- on consent to a Court of limited jurisdiction (amount of damages demanded is reduced to within the monetary jurisdiction of the court of limited jurisdiction)
D- 325D without consent at the courts discretion to a Court of limited jurisdiction however the monetary limit remains that of the
original court

Which of the following is not correct?
A 325d without consent at the courts discretion to a court of Limited jurisdiction however the monetary limit remains that of the original court
B- 325 e upon motion, the Supreme Court can remove a case from the supreme court to surrogates court where a decedents estate is not affected
C 325f if County judge is incapacitated supreme court may remove an action from County court to itself
D- 325g A judge of a county court may transfer a case from one local court to another in the same County or adjoining county where it appears that the case will not be disposed of within a reasonable time due to death, disability, incapacity of judge or inability to form a jury

Which of the following statements are false?
A if an order of removal 1s made by a court other than the court where the action is pending, a conformed copy of the order of removal shall be filed in the court where the action is pending
B- when the clerk where the action is pending receives the order, he shall forthwith deliver to other Court all papers and records in the action and certified copies of all minutes
C the receiving clerk shall file, enter and record the papers as required
D subsequent proceedings shall be had in the court to which the case has been removed as if the action had been originally commenced there and no process, provisional remedy or other proceeding taken in the court from which the action was removed shall be invalid as a result of the removal

CPLR 401
the party commencing a special proceeding is called the_____________

CPLR 401
The adverse party in a special proceeding is called the______________

CPLR 402
A petition in a special proceeding shall comply with the requirements for a__________ in an action

CPLR 403
The (petition/ notice of petition) shall specify the time and place of the hearing

CPLR 403
The court may grant an_________ to be served, in lieu of a petition at a time and in a manner specified

CPLR 407
T/F
The court may sever a claim or counterclaim
True False

CPLR 408
T/F
Generally in a special proceeding leave of the court is not required for disclosure
True False

CPLR 409
T/F
The Court shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable Issues of fact are raised
True False

CPLR 409
T/F
The court, when making a determination on relief requested in a special proceeding, may make any orders permitted in a motion for summary judgement
True False

CPLR 402
In an action a summons and_________ are used

CPLR 402
In a special proceeding a petition and_________ are used

. CPLR 403
Notice of petition must be served at least______ before hearing time

CPLR 403 if notice of petition is served at least 12 days before hearing, answer must be served at least______ before hearing if notice of petition so specifies

CPLR 406
Motions in a special proceeding made before the time at which the petition is noticed to be heard, shall be heard noticed to be heard_______

A petition in a special proceeding shall comply with the requirements for A_________ in an action
A objection
B answer
C complaint
D summons

Motions in a special proceeding made before the time at which the petition is noticed to be heard, shall be noticed to be heard_____
A- at least 8 days after motion was served
B- at least 12 days after motion was served
C at the time the petition is noticed to be heard
D - none of the above

In a special proceeding trial if triable issues of fact are raised, they shall be tried:
A- within 10 days
B- forthwith
C at the conclusion of the petitioners case
D - within 30 days.

If the motion to correct a pleading in a special proceeding is granted, the party who made the motion shall serve and file his answer within_____ days of service of the amended pleading.
If the motion is denied he shall file his answer within___ days of service of the order denying the motion with notice of entry
A- 5 and 2
B- 5 and 7
C- 8 and 2
D- 7 and 2

The parties in a special proceeding are called:
A- claimant and respondent
B- Plaintiff and defendant
C- petitioner and respondent
D- petitioner and defendant

Which of the following pertaining to special proceedings is false?
1- permission of court is needed to interplead a party once proceeding has commenced
2-permission of court is needed to join a party once a proceeding has commenced
3- once a special proceeding is commenced third party can be brought in without court permission
A only 1 is false
B-only 2 is false
C- only 3 is false
D- 1 and 3 are false

Petition and notice of petition must be served:
A at least 3 days before hearing
B- at least 5 days before hearing
C- at least 8 days before hearing
D- at least 12 days before hearing

Choose the best answer: court may order severance of a claim, counterclaim or cross claim:
A prior to commencement of trial only
B- before the first witness is sworn in
C- at any time
D-only upon motion of plaintiff or defendant

If a notice of petition is served at least twelve days before hearing, answer must be served seven days before hearing if notice of petition so demands any reply must be servedat least __ day (s) before hearing time
A-1
B-2
C-3
D - none of the above

true/false
An agreement by parties to fix the place of trial after an action is commenced is enforceable

True/false -
When there is conflict as to the proper venue which resulted from A joinder of claims or parties, the party wherein the court is located shall select a venue which is proper to at least one of the parties or claims

True/false
Generally, the place of trial shall be where the defendant resided when the-action was commenced
True False

Generally, if none of the parties resided in the state at the time the action was commenced the venue is the venue designated by ____________

The venue of an action against a county is _____

Venue of an action against a city except New York City, village, school district, or district corporation is______________

The venue of an action against the City of New York that arose within New York City is_________

The venue against a public authority is_________

Venue against NYC transit authority is__________

True/ false

An action against a justice of the Supreme Court or a judge of a county court of the Court of
General sessions shall be commenced in appellate division in the judicial department Where the action giving rise to the matter sought to be enforced or restrained originated or appellate division in an adjoining judicial department, ifa term of that appellate division is not in session
-
True False

True or false
an action against regents of the city University of New York, commissioner of education, commissioner of taxation and finance, tax appeals, tribunal, except 2016 of tax law, public service commission, commissioner of Department of transportation, under specified articles of the transportation or railroad railroad law, water resources board, the comptroller, or the department of agriculture and markets shall be commenced in supreme court, Albany County
True False

An action against the commissioner of education section 4404 of education law may be commenced in the_______court in county of residence of petitioner

an action against the New York City tax appeal tribunal, Shelby originated in _______

A corporation is deemed resident of a county where_______

A common carrier in addition to being seen a resident of the county in which it has his principal office shower also be team a resident of county in which_______

Partner a partnership is James resident of Connie, where principal office is located and residence of______

In a consumer credit transaction venue is generally county of______

Generally venue in a special proceeding is_________

Venue in real property actions is__________

Venue in an action to recover chattel is_______

True or false
generally venue is the county designated by the defendant
True False

The court upon motion may change the place of trial of an action, where
a-the county designated for that purpose is not proper, T/F
B- there is reason to believe that an impartial trial cannot be had in the proper county, T-F
C- convenience of material, witnesses and ends of justice will be promoted by the change T/F

A motion for a change of venue based on improper venue, must be served at least ____days after demand for a change of venue

T/f
in a consumer credit transaction clerk must accept all summonses for filing
True False

T/f
parties may agree in writing to fix place of trial or venue
True False

A party resident in 2 counties Shall be deemed a resident of_______

Executors, administrators, etc. are deemed residents of the county of appointment and county of________

Choose the best answer the venue may be fixed and there after enforceable, if made by:
a oral agreement
B written agreement,
C, oral and written agreement
D none of the above

When there is a conflict as to the proper venue, which resulted from a jointer of claims by parties, the court upon motion shall
a sever the claims
B dismiss the cases without prejudice,
C select the venue which is proper to at least one of the parties or claims
D none of the above

The venue of an action against regents of the city, University of New York, commissioner of education, commissioner of taxation and finance, tax appeals tribunal, except 2016 of tax law, public service commission, commissioner of Department of transportation, under specified articles of the transportation or railroad law, water resources board, the comptroller or the department of agriculture and market is
a Supreme Court county of residence of the defendant
B supreme court county of residence Plaintiff
C Supreme Court, Albany county
D the none of the above

The venue in a real property action is county
A of residence of plaintiff.
B residence of defendant,
C where any part of the subject is situated
D none of the above

In an action to recover chattel venue may be in the county
a of residence of the plaintiff
B residence of defendant
C, in which any part of the chattel is located at the time of the commencement of the action
D none of the above

Which of the following is not correct?
a generally venue is based on residence.
B a partyResident in 2 counties is deemed a resident of each county
C a corporation is deemed resident of county where is principal office is located
D prior to an action the parties may not agree in writing to a fixed place of trial.

Generally venue of a special proceeding is
A any county in judicial district where action is triable
B county of residence of petitioner only
C any county within the state
D county of New York

Venue in a case involving real property is the
a county of residence of the plaintiff or adjoining county
B county where occurrence took place
C where designated by court any county in New York State
D county where any part of the property is located

Generally the place of trial of an action is the county designated by
a the court or referee,
B the plaintiff,
C the defendant,
D defendant or attorney, for defendant

The court upon motion may change the place of trial of an action where
1the county designated for that purpose is not a proper county
2 there is a reason to believe an impartial trial cannot be had in the county
3convenience of a material witness and ends of justice will be promoted by the change
A-only 1
B- 1and 2
C - 1,2,3
D 1 and 3 only

Which is not correct?
A- demand for change of venue shall be served before or with answer
B- change place of trial motion can be made after the action has been started
C- In a consumer credit transaction venue is designated by plaintiff
D- recovery of chattel venue may be county where any part of chattel is located

Which of the following is not correct? If filing of a consumer credit transaction summons and complaint is rejected due to improper venue, service is complete ten days after proof ofservice of summons is filed in the proper county, along with proof of service on defendant of a registered or certified letter to the defendant stating the following:
A county where filing was rejected
B- date of filing of the summons
C- date within which the answer or notice of appearance is to be filed
D- address at which it is to be filed.

T/f

Plaintiff in an action may join a maximum of 5 claims against a defendant
True False

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 transaction

T/f
The Court may order trial of any claim or issue prior to the trial of others
True False

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
True False

T/f
For the Court to consolidate cases, motion must be made by one of the parties
True False

T/F
County court upon motion can remove a case from supreme court to itself
True False

True or false
Supreme Court upon motion can remove cases from County Court to itself
True False

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-2
B-3
C-5
D-unlimited

The number of claims that a plaintiff may join in a complaint against A defendant is
A- two
B-three
C-five
D-unlimited

Which of the following may join as many claims as he may have against an adverse party?
1- the plaintiff in a complaint
2- Defendant in an answer setting forth a counterclaim
3-the defendant in an answer setting forth a cross claim

A only l
B- 2 and 3
C-1 and 2
D - 1,2,3

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 the parties
D-none of the above

Upon motion, 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

Which of the following statements are correct?
I- 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 and 2 only
B- 2 and 3 only
C- 1,2,3
D- 1 and 3 only

Generally the Supreme Court may move 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

When a person who should be joined refuses to do so he may be made a _____________

__________ joinder refers to instances where the parties both plaintiffs and defendants may be joined if they assert or is asserted against them any right to relief jointly, severally, or arising out of the same transaction or occurrence and a common question of law or fact would arise

Executor, administrator, guardian of property of infant, committee of property of person judicially declared incompetent, conservator of property of a conservattee etc may sue or be sued (with or without ) joining with him person for or against whose interest action is brought

Within____ days of service of answer by third party defendant upon plaintiff, plaintiff may amend his complaint to assert against third party defendant any claim that plaintiff has against third party defendant

Parties should be joined when necessary for complete relief of parties or when parties might be inequitably affected by Ajudgement refers to ( necessary or permissive ) joinder

T/F
Misjonder of parties is not ground for dismissal of an action
True False

A________ is a person exposed to multiple liability as a result of adverse claims.

Defendant stake holder may bring in a claimant who is not a party by filing A summons and________

Third party summons and complaint and all prior pleadings shall be served upon the third party defendant within____ days of filing

Defendant serving a third party complaint shall be styled a______ and the person so served shall be styled a ____________

A person may intervene (as of right or by permission) when the persons claim or defense and the main action have a common question of law or fact

Upon the substitution of a party in an action, the time for taking procedural steps is extended until_______ days after substitution is made

When constitutionality of a state statute, rule or regulation is involved in an action in which state is not a party, the_________ shall be notified and permitted to intervene

Where public retirement benefits are at issue in an action, the court shall notify the________ who shall be permitted at his discretion to intervene or file an amicus Curiae

T/F
A party may proceed against an unknown party by designating so much of his name and identity. as is known. Example" James madden vs David doe
True False

T/F
Two or more persons conducting a business as a partnership may sue or be sued in partnership name, and actions may be brought by or against president or treasurer of an unincorporated association on behalf of association
True False

In any proceeding to review the determination to review a determination of the chief judge of the court of appeals, of the court of appeals or of the administrative board of the courts, made pursuant to 7-a of the judiciary law or section of article 6 of the New York State constitution, the only proper party to be named therein shall be the ______________, in his representative capacity