NYLE - Civ Pro UPDATED ACTUAL
Exam Questions and CORRECT Answers
Principal appellate courts: Court of Appeals: NY Const art VI, § 3 - CORRECT
ANSWER - The Court of Appeals is the highest court in the court system. It has no
original jurisdiction
but exercises only appellate jurisdiction without regard to the amount in controversy. Its
jurisdiction is generally limited to questions of law.
Principal appellate courts: Appellate Division of Supreme Court (First, Second, Third and Fourth
Judicial Departments;
see Appendices A, B); NY Const art VI, § 4 - CORRECT ANSWER - The appellate
division is a single statewide appellate court, divided into four judicial departments, and is the
principal intermediate appeals court. Pursuant to the doctrine of stare decisis, trial courts in a
given department are required to follow precedent set by another department until the Court of
Appeals or the department in which the trial court sits pronounces a contrary rule. The appellate
divisions should accept the decisions of sister departments as persuasive authority, but they are
free to reach a contrary result (Mountain View Coach Lines, Inc. v Storms, 102 AD2d 663 [2d
Dept 1984]).
Principal appellate courts: Appellate Terms of the Supreme Court: NY Const art VI, § 8 -
CORRECT ANSWER - Appellate Terms of the Supreme Court exist in the First Judicial
Department (consisting of two counties within New York City) and Second Judicial Department
(consisting of three counties within New York City and seven other counties)(see Appendix B).
The Appellate Terms hear appeals from the Civil and Criminal Courts of New York City and the
Appellate Term of the Second Department also hears appeals from district, county (except felony
cases), city, town and village courts.
Principal trial courts: Supreme Court: NY Const art VI, § 7 - CORRECT ANSWER - The
Supreme Court has general original
jurisdiction of all cases in law and equity without monetary limitation unless its jurisdiction has
been specifically proscribed. In some cases its jurisdiction is concurrent with that of other courts.
It has exclusive subject matter jurisdiction over matrimonial actions and wrongful death claims.
In New York City, the Supreme Court hears all felonies.
,The Commercial Division of the Supreme Court handles claims meeting a minimum monetary
threshold and involving a multitude of commercial disputes (22 NYCRR § 202.70 [a], [b].
Shortly after commencement of an action, any party may seek assignment of his commercial
case to the Commercial Division and upon transfer, the parties are subject to the specific rules of
practice for the Commercial Division (see 22 NYCRR § 202.70 [g]). The Rules dictate, among
other matters, electronic submission and form of papers, attorney appearances, limitations on
discovery, discovery of electronically stored information (see Civil
Practice and Procedure, X.A.), adherence to discovery schedules and discovery disputes,
motions, and trials.
Principal trial courts: Court of Claims: NY Const art VI, §
9; Court of Claims Act - CORRECT ANSWER - The Court of Claims has exclusive
jurisdiction over tort and contract claims against the State of New York. The Court of Claims
may not exercise equitable jurisdiction and does not have jurisdiction over non-state actors.
Principal trial courts: County Court: NY Const art VI, § 11 - CORRECT ANSWER -
County Courts exist only in the Second Department outside New York City and Long Island and
the Third and Fourth Judicial Departments (which include counties that are all outside New York
City). County Courts have jurisdiction over all criminal matters, but hear primary felonies. They
have limited jurisdiction over civil cases where the amount to be recovered does not exceed
$25,000 and have jurisdiction over summary proceedings to recover possession of real property.
They also have jurisdiction over appeals from city, town and village courts.
Principal trial courts: Surrogate's Court: NY Const art VI,
§ 12; Surrogate Court Procedure Act (SCPA) - CORRECT ANSWER - The Surrogate's
Court has jurisdiction over all proceedings relating to the affairs of decedents, probate of wills,
administration of estates, and guardianship of the property of minors. It also has concurrent
jurisdiction with the Family Court over adoptions and concurrent jurisdiction with Supreme
Court over the administration of a decedent's estate (although such matters are generally
disposed of in the Surrogate's Court) and over the allocation and distribution of the proceeds of
wrongful death actions. The Surrogate's Court has full equity powers in matters over which it has
jurisdiction.
Principal trial courts: Family Court: NY Const art VI, § 13; Family Court Act (FCA) -
CORRECT ANSWER - The Family Court has jurisdiction over child abuse and neglect
proceedings, spousal and child support proceedings, proceedings to determine paternity,
proceedings for the permanent termination of parental rights, person-in-need-of-supervision
, (PINS) proceedings, family offense proceedings (concurrent and simultaneous with the criminal
courts), juvenile delinquency proceedings, adoptions, and custody and support proceedings when
referred by the Supreme Court.
Other courts: New York City Civil Court; New York City Criminal Court: NY Const art
VI, § 15 - CORRECT ANSWER - The New York City Civil Court has jurisdiction within
the City of New York over monetary actions where the amount to be recovered does not exceed
$25,000 and over summary proceedings to recover possession of real property. The New York
City Criminal Court has criminal jurisdiction within the City of New York over misdemeanors
and violations.
Other courts: District, city, town and village courts: NY Const art VI, §§ 16, 17; Uniform Court
Acts § 202 - CORRECT ANSWER - District Courts (established only in Nassau and
Suffolk Counties located in the Second Judicial Department) and city courts have jurisdiction
over monetary actions where the amount to be recovered does not exceed
$15,000. Town courts and village courts have jurisdiction over monetary actions where the
amount to be recovered does not exceed $3,000. All of these courts have criminal jurisdiction
over misdemeanors and violations.
Commencement of Action and Service of Process: Commencement by filing, including
electronic filing: CPLR 304, 22 NYCRR §§ 202.5-b, 202.5-bb - CORRECT ANSWER -
Except in town and village courts, actions are commenced by the paper filing or, where
authorized, electronic filing of a summons and complaint or summons with notice with the clerk
of the court in the county where the action is brought. A special proceeding is commenced by the
paper filing or, where authorized, electronic filing of a notice of petition and petition with the
clerk of the court in the county where the special proceeding is brought.
In some counties, as to certain types of actions, commencement by electronic filing is mandatory
(22 NYCRR §§ 202.5-b, 202.5-bb). In some other matters, e-filing is authorized. Information
about New York State Courts Electronic Filing System ("NYSCEF") can be found on the website
of the Uniform Court System at - https://iapps.courts.state.ny.us/nyscef/HomePag e.
Commencement of Action and Service of Process: Service of process: CPLR 303, 306-b,
308, 310, 311, 311-a - CORRECT ANSWER - A nondomiciliary who commences an
action in New York, even if he or she is not otherwise subject to personal jurisdiction in New
Exam Questions and CORRECT Answers
Principal appellate courts: Court of Appeals: NY Const art VI, § 3 - CORRECT
ANSWER - The Court of Appeals is the highest court in the court system. It has no
original jurisdiction
but exercises only appellate jurisdiction without regard to the amount in controversy. Its
jurisdiction is generally limited to questions of law.
Principal appellate courts: Appellate Division of Supreme Court (First, Second, Third and Fourth
Judicial Departments;
see Appendices A, B); NY Const art VI, § 4 - CORRECT ANSWER - The appellate
division is a single statewide appellate court, divided into four judicial departments, and is the
principal intermediate appeals court. Pursuant to the doctrine of stare decisis, trial courts in a
given department are required to follow precedent set by another department until the Court of
Appeals or the department in which the trial court sits pronounces a contrary rule. The appellate
divisions should accept the decisions of sister departments as persuasive authority, but they are
free to reach a contrary result (Mountain View Coach Lines, Inc. v Storms, 102 AD2d 663 [2d
Dept 1984]).
Principal appellate courts: Appellate Terms of the Supreme Court: NY Const art VI, § 8 -
CORRECT ANSWER - Appellate Terms of the Supreme Court exist in the First Judicial
Department (consisting of two counties within New York City) and Second Judicial Department
(consisting of three counties within New York City and seven other counties)(see Appendix B).
The Appellate Terms hear appeals from the Civil and Criminal Courts of New York City and the
Appellate Term of the Second Department also hears appeals from district, county (except felony
cases), city, town and village courts.
Principal trial courts: Supreme Court: NY Const art VI, § 7 - CORRECT ANSWER - The
Supreme Court has general original
jurisdiction of all cases in law and equity without monetary limitation unless its jurisdiction has
been specifically proscribed. In some cases its jurisdiction is concurrent with that of other courts.
It has exclusive subject matter jurisdiction over matrimonial actions and wrongful death claims.
In New York City, the Supreme Court hears all felonies.
,The Commercial Division of the Supreme Court handles claims meeting a minimum monetary
threshold and involving a multitude of commercial disputes (22 NYCRR § 202.70 [a], [b].
Shortly after commencement of an action, any party may seek assignment of his commercial
case to the Commercial Division and upon transfer, the parties are subject to the specific rules of
practice for the Commercial Division (see 22 NYCRR § 202.70 [g]). The Rules dictate, among
other matters, electronic submission and form of papers, attorney appearances, limitations on
discovery, discovery of electronically stored information (see Civil
Practice and Procedure, X.A.), adherence to discovery schedules and discovery disputes,
motions, and trials.
Principal trial courts: Court of Claims: NY Const art VI, §
9; Court of Claims Act - CORRECT ANSWER - The Court of Claims has exclusive
jurisdiction over tort and contract claims against the State of New York. The Court of Claims
may not exercise equitable jurisdiction and does not have jurisdiction over non-state actors.
Principal trial courts: County Court: NY Const art VI, § 11 - CORRECT ANSWER -
County Courts exist only in the Second Department outside New York City and Long Island and
the Third and Fourth Judicial Departments (which include counties that are all outside New York
City). County Courts have jurisdiction over all criminal matters, but hear primary felonies. They
have limited jurisdiction over civil cases where the amount to be recovered does not exceed
$25,000 and have jurisdiction over summary proceedings to recover possession of real property.
They also have jurisdiction over appeals from city, town and village courts.
Principal trial courts: Surrogate's Court: NY Const art VI,
§ 12; Surrogate Court Procedure Act (SCPA) - CORRECT ANSWER - The Surrogate's
Court has jurisdiction over all proceedings relating to the affairs of decedents, probate of wills,
administration of estates, and guardianship of the property of minors. It also has concurrent
jurisdiction with the Family Court over adoptions and concurrent jurisdiction with Supreme
Court over the administration of a decedent's estate (although such matters are generally
disposed of in the Surrogate's Court) and over the allocation and distribution of the proceeds of
wrongful death actions. The Surrogate's Court has full equity powers in matters over which it has
jurisdiction.
Principal trial courts: Family Court: NY Const art VI, § 13; Family Court Act (FCA) -
CORRECT ANSWER - The Family Court has jurisdiction over child abuse and neglect
proceedings, spousal and child support proceedings, proceedings to determine paternity,
proceedings for the permanent termination of parental rights, person-in-need-of-supervision
, (PINS) proceedings, family offense proceedings (concurrent and simultaneous with the criminal
courts), juvenile delinquency proceedings, adoptions, and custody and support proceedings when
referred by the Supreme Court.
Other courts: New York City Civil Court; New York City Criminal Court: NY Const art
VI, § 15 - CORRECT ANSWER - The New York City Civil Court has jurisdiction within
the City of New York over monetary actions where the amount to be recovered does not exceed
$25,000 and over summary proceedings to recover possession of real property. The New York
City Criminal Court has criminal jurisdiction within the City of New York over misdemeanors
and violations.
Other courts: District, city, town and village courts: NY Const art VI, §§ 16, 17; Uniform Court
Acts § 202 - CORRECT ANSWER - District Courts (established only in Nassau and
Suffolk Counties located in the Second Judicial Department) and city courts have jurisdiction
over monetary actions where the amount to be recovered does not exceed
$15,000. Town courts and village courts have jurisdiction over monetary actions where the
amount to be recovered does not exceed $3,000. All of these courts have criminal jurisdiction
over misdemeanors and violations.
Commencement of Action and Service of Process: Commencement by filing, including
electronic filing: CPLR 304, 22 NYCRR §§ 202.5-b, 202.5-bb - CORRECT ANSWER -
Except in town and village courts, actions are commenced by the paper filing or, where
authorized, electronic filing of a summons and complaint or summons with notice with the clerk
of the court in the county where the action is brought. A special proceeding is commenced by the
paper filing or, where authorized, electronic filing of a notice of petition and petition with the
clerk of the court in the county where the special proceeding is brought.
In some counties, as to certain types of actions, commencement by electronic filing is mandatory
(22 NYCRR §§ 202.5-b, 202.5-bb). In some other matters, e-filing is authorized. Information
about New York State Courts Electronic Filing System ("NYSCEF") can be found on the website
of the Uniform Court System at - https://iapps.courts.state.ny.us/nyscef/HomePag e.
Commencement of Action and Service of Process: Service of process: CPLR 303, 306-b,
308, 310, 311, 311-a - CORRECT ANSWER - A nondomiciliary who commences an
action in New York, even if he or she is not otherwise subject to personal jurisdiction in New
