NYLE - Civic Pro questions with verified answers
Alternative Dispute Resolution: Arbitration: CPLR 7501, 7502, 7503, 7506, 7510,
7511 Ans✓✓-Arbitration is a procedure for resolving a dispute by referring the
dispute to an impartial arbitrator (or panel of arbitrators) chosen by the parties to
hear evidence and arguments from each side and then decide the outcome.
Arbitration is less formal than a trial and may either be binding or nonbinding.
Written agreements to submit a controversy to arbitration are enforceable and
will be enforced by the courts without regard to the merits of the underlying
claim (CPLR 7501). A party seeking to resist arbitration may do so only upon three
grounds: (1) whether a valid agreement to arbitrate was made; (2) whether any
conditions precedent in the agreement have been complied with; and (3) whether
the claim is barred by the statute of limitations. In the absence of one of the
above enumerated defenses to arbitration, the court shall direct the parties to
arbitrate. Courts are expressly prohibited under CPLR 7501 from determining
whether a claim sought to be arbitrated is tenable, or otherwise passing upon the
merits of the dispute.
A special proceeding is used to bring before the court the first application arising
out of an arbitrable controversy (CPLR 7502 [a]).
A party initiates arbitration by serving upon the other party a demand for
arbitration or notice of intention to arbitrate complying with CPLR 7503 (c) or by
applying to the court for an order compelling arbitration (7503 [a]).
A party wishing to resist arbitration may apply to stay the arbitration upon any of
the three enumerated defenses, and if the party has been served with a demand
to arbitrate/notice of intent to arbitrate compliant with CPLR 7503 (c), the
opposing party must timely move for a stay raising the said grounds or they are
,waived (CPLR 7503 [1]), except that a limitations defense may still be asserted
before the arbitrator, who has the discr
Alternative Dispute Resolution: Mediation Ans✓✓-Mediation is a form of
alternative dispute resolution used to resolve disputes between two or more
parties. A third party neutral mediator does not decide the case, but assists the
parties to reach a mutually acceptable agreement. Mediation may be
inappropriate if one party is unwilling to compromise or has a significant
advantage in power or control over the other party, such as if the parties have a
history of abuse. The process is private and confidential. Mediation is less formal
than a trial, allows the parties to communicate freely and participate fully in the
process, and is less expensive than litigation. It may be court-ordered in some
cases and in some courts.
Amended and supplemental pleadings: CPLR 3025 Ans✓✓-Amendments to a
pleading may be made once without leave of court within 20 days after its service
or any time before the time to respond expires or within 20 days after service of a
pleading responding to it. Thereafter, a party may amend a pleading or may
supplement it by setting forth additional or subsequent transactions or
occurrences only by leave of court or stipulation of the parties. An answer or reply
to an amended or supplemental pleading must be served within 20 days after
service of the pleading to which it responds.
Appeals to the Appellate Division: CPLR 5701 Ans✓✓-Almost all final and non-
final judgments and intermediate orders are appealable as of right to the
Appellate Division if the non-final order results from a motion made on notice.
Appeals to the Court of Appeals: CPLR 5601, 5602 Ans✓✓-An appeal may be
taken to the Court of Appeals as of right from any order of the Appellate Division
that finally determines an action originating in the supreme court, a county court,
a surrogate's court, the family court, the court of claims, or an administrative
,agency, where there is dissent by at least two justices on a question of law (CPLR
5601).
An appeal as of right to the Court of Appeals is also available from an Appellate
Division order that finally determines the action where there is directly involved
the construction of the New York or federal constitution (CPLR
5601 [1]) or that finally determines an action where the only question involved on
the appeal is the constitutional validity of a New York or federal statute (CPLR
5601 [2]).
An appeal may be taken to the Court of Appeals by permission of the Appellate
Division, or by permission of the Court of Appeals upon refusal by the Appellate
Division, or upon direct application to the Court of Appeals, from any order of the
Appellate Division that finally determines an action originating in the supreme
court, a county court, a surrogate's court, the family court, the court of claims, or
an administrative agency (CPLR 5602).
Appeals: Scope of review: CPLR 5501 Ans✓✓-An appeal from a final judgment
brings up for review any non-final judgment or order which necessarily affects the
final judgment (incidental orders that do not have any impact on the final
judgment are excluded). An appeal also brings up for review all incidental rulings
made at the trial, including evidentiary rulings, provided the appellant objected or
there was no opportunity to object. Generally, the scope of the power of the
Court of Appeals on appeal is limited to the review of questions of law, whereas
the intermediate appellate courts on an appeal review questions of law and fact.
Appeals: Taking an appeal: CPLR 5515 Ans✓✓-An appeal is taken by serving on
the adverse party a notice of appeal and filing it in the office where the judgment
or order of the court of original instance is entered. Where an order grants
permission to take an appeal, the appeal is taken when such order is entered. A
, notice of appeal must contain the name of the party taking the appeal, the
judgment or order appealed from and the court to which the appeal is taken.
Appeals: Time to take appeal: CPLR 5513 Ans✓✓-The times within which to take
an appeal are mandatory and strictly enforced.
An appeal as of right must be taken within 30 days after service by a party upon
the appellant of a copy of the judgment or order appealed from and written
notice of its entry (CPLR 5513 [a]). A motion for permission to appeal must also be
made within 30 days, computed from the date of service by a party upon the
person seeking leave to appeal of a copy of the judgment or order to be appealed
from and written notice of its entry (CPLR 5513 [b])
Appearances and Pleadings: Change or withdrawal of attorney: CPLR 321 (b)
Ans✓✓-Once a party appears in an action through an attorney, the attorney of
record may be changed by filing a consent to change attorneys signed by the
retiring attorney and signed and acknowledged by the party. Notice of the change
of attorney must be given to the attorneys for all parties. An attorney of record
may also withdraw or be changed by court order upon motion on notice to the
client, to the attorneys of record for all other parties to the action, and to any
unrepresented parties.
Appearances and Pleadings: Defendant's appearance: CPLR 320, 321 (a) Ans✓✓-A
defendant appears in an action by serving an answer, making a motion which has
the effect of extending the time to answer, or serving a notice of appearance. If
the defendant was served by personal delivery within the state of New York, the
time to appear is no later than 20 days from the delivery. In most other cases,
including service outside the state and service under CPLR 308 (2) through (5), the
time to appear is not later than 30 days after service is complete (CPLR 320 [a]).
Alternative Dispute Resolution: Arbitration: CPLR 7501, 7502, 7503, 7506, 7510,
7511 Ans✓✓-Arbitration is a procedure for resolving a dispute by referring the
dispute to an impartial arbitrator (or panel of arbitrators) chosen by the parties to
hear evidence and arguments from each side and then decide the outcome.
Arbitration is less formal than a trial and may either be binding or nonbinding.
Written agreements to submit a controversy to arbitration are enforceable and
will be enforced by the courts without regard to the merits of the underlying
claim (CPLR 7501). A party seeking to resist arbitration may do so only upon three
grounds: (1) whether a valid agreement to arbitrate was made; (2) whether any
conditions precedent in the agreement have been complied with; and (3) whether
the claim is barred by the statute of limitations. In the absence of one of the
above enumerated defenses to arbitration, the court shall direct the parties to
arbitrate. Courts are expressly prohibited under CPLR 7501 from determining
whether a claim sought to be arbitrated is tenable, or otherwise passing upon the
merits of the dispute.
A special proceeding is used to bring before the court the first application arising
out of an arbitrable controversy (CPLR 7502 [a]).
A party initiates arbitration by serving upon the other party a demand for
arbitration or notice of intention to arbitrate complying with CPLR 7503 (c) or by
applying to the court for an order compelling arbitration (7503 [a]).
A party wishing to resist arbitration may apply to stay the arbitration upon any of
the three enumerated defenses, and if the party has been served with a demand
to arbitrate/notice of intent to arbitrate compliant with CPLR 7503 (c), the
opposing party must timely move for a stay raising the said grounds or they are
,waived (CPLR 7503 [1]), except that a limitations defense may still be asserted
before the arbitrator, who has the discr
Alternative Dispute Resolution: Mediation Ans✓✓-Mediation is a form of
alternative dispute resolution used to resolve disputes between two or more
parties. A third party neutral mediator does not decide the case, but assists the
parties to reach a mutually acceptable agreement. Mediation may be
inappropriate if one party is unwilling to compromise or has a significant
advantage in power or control over the other party, such as if the parties have a
history of abuse. The process is private and confidential. Mediation is less formal
than a trial, allows the parties to communicate freely and participate fully in the
process, and is less expensive than litigation. It may be court-ordered in some
cases and in some courts.
Amended and supplemental pleadings: CPLR 3025 Ans✓✓-Amendments to a
pleading may be made once without leave of court within 20 days after its service
or any time before the time to respond expires or within 20 days after service of a
pleading responding to it. Thereafter, a party may amend a pleading or may
supplement it by setting forth additional or subsequent transactions or
occurrences only by leave of court or stipulation of the parties. An answer or reply
to an amended or supplemental pleading must be served within 20 days after
service of the pleading to which it responds.
Appeals to the Appellate Division: CPLR 5701 Ans✓✓-Almost all final and non-
final judgments and intermediate orders are appealable as of right to the
Appellate Division if the non-final order results from a motion made on notice.
Appeals to the Court of Appeals: CPLR 5601, 5602 Ans✓✓-An appeal may be
taken to the Court of Appeals as of right from any order of the Appellate Division
that finally determines an action originating in the supreme court, a county court,
a surrogate's court, the family court, the court of claims, or an administrative
,agency, where there is dissent by at least two justices on a question of law (CPLR
5601).
An appeal as of right to the Court of Appeals is also available from an Appellate
Division order that finally determines the action where there is directly involved
the construction of the New York or federal constitution (CPLR
5601 [1]) or that finally determines an action where the only question involved on
the appeal is the constitutional validity of a New York or federal statute (CPLR
5601 [2]).
An appeal may be taken to the Court of Appeals by permission of the Appellate
Division, or by permission of the Court of Appeals upon refusal by the Appellate
Division, or upon direct application to the Court of Appeals, from any order of the
Appellate Division that finally determines an action originating in the supreme
court, a county court, a surrogate's court, the family court, the court of claims, or
an administrative agency (CPLR 5602).
Appeals: Scope of review: CPLR 5501 Ans✓✓-An appeal from a final judgment
brings up for review any non-final judgment or order which necessarily affects the
final judgment (incidental orders that do not have any impact on the final
judgment are excluded). An appeal also brings up for review all incidental rulings
made at the trial, including evidentiary rulings, provided the appellant objected or
there was no opportunity to object. Generally, the scope of the power of the
Court of Appeals on appeal is limited to the review of questions of law, whereas
the intermediate appellate courts on an appeal review questions of law and fact.
Appeals: Taking an appeal: CPLR 5515 Ans✓✓-An appeal is taken by serving on
the adverse party a notice of appeal and filing it in the office where the judgment
or order of the court of original instance is entered. Where an order grants
permission to take an appeal, the appeal is taken when such order is entered. A
, notice of appeal must contain the name of the party taking the appeal, the
judgment or order appealed from and the court to which the appeal is taken.
Appeals: Time to take appeal: CPLR 5513 Ans✓✓-The times within which to take
an appeal are mandatory and strictly enforced.
An appeal as of right must be taken within 30 days after service by a party upon
the appellant of a copy of the judgment or order appealed from and written
notice of its entry (CPLR 5513 [a]). A motion for permission to appeal must also be
made within 30 days, computed from the date of service by a party upon the
person seeking leave to appeal of a copy of the judgment or order to be appealed
from and written notice of its entry (CPLR 5513 [b])
Appearances and Pleadings: Change or withdrawal of attorney: CPLR 321 (b)
Ans✓✓-Once a party appears in an action through an attorney, the attorney of
record may be changed by filing a consent to change attorneys signed by the
retiring attorney and signed and acknowledged by the party. Notice of the change
of attorney must be given to the attorneys for all parties. An attorney of record
may also withdraw or be changed by court order upon motion on notice to the
client, to the attorneys of record for all other parties to the action, and to any
unrepresented parties.
Appearances and Pleadings: Defendant's appearance: CPLR 320, 321 (a) Ans✓✓-A
defendant appears in an action by serving an answer, making a motion which has
the effect of extending the time to answer, or serving a notice of appearance. If
the defendant was served by personal delivery within the state of New York, the
time to appear is no later than 20 days from the delivery. In most other cases,
including service outside the state and service under CPLR 308 (2) through (5), the
time to appear is not later than 30 days after service is complete (CPLR 320 [a]).
