ANSWER ALL QUESTIONS IN THIS SECTION
QUESTION 1
A lawyer who is a member of a law firm organized as a professional service
limited liability company is personally liable for professional malpractice
committed by: - ANSWERS-The lawyer herself and any person in the firm under
her direct supervision and control.
QUESTION 2
Which one of the following acts is not a valid basis for the exercise of personal
jurisdiction over a non-domiciliary as to a cause of action arising from that act? -
ANSWERS-Defamation committed within the state.
QUESTION 3
The proper venue for an action by a non-resident of New York against a New York
resident for specific performance of a contract entered into in New York to sell real
property located in New York is in: - ANSWERS-The county in which the real
property is located.
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QUESTION 4
In order to be timely, an action commenced in New York by a nonresident plaintiff
against a resident of New York to recover damages for a claim that accrued in
State X must be: - ANSWERS-Timely under both the law of New York and the
law of State X.
QUESTION 5
If a pre-answer motion is made on any ground, which of the following defenses is
waived if not included in the motion: - ANSWERS-Lack of personal jurisdiction
over the defendant.
QUESTION 6
In an action in New York for breach of an employment contract, a New York court
will always apply the law of: - ANSWERS-The jurisdiction with the most
significant relationship to the transaction and the parties.
QUESTION 7
Is a contract entered into under a mutual mistake of fact by the parties voidable and
subject to rescission or reformation? - ANSWERS-No, unless the mistake is both
substantial and existed at the time the contract was entered into.
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