Paul and Peter were married for 10 years
and have two children. In 2019, Paul lost
his job. The financial stress deteriorated
the marriage, which caused Peter to file
for divorce. Peter is seeking joint cus-
tody and maintenance from Paul. How (C) "Maintenance shall be calculated pri-
should the court calculate maintenance or to child support because the amount
and child support? of maintenance shall be subtracted from
the payor's income and added to the pay-
A. The parties calculate child support ee's income as part of the calculation of
and seek court approval for maintenance the child support obligation." DRL § 236
B. Child support should be calculated (B) (6) (c) (1) (g).
first
C. Maintenance should be calculated
first
D. Child support and maintenance
should be calculated concurrently
Susan and Carol got engaged on June
1, 2018. During this period, they dis-
cussed a pre-nuptial agreement and
orally agreed that neither party will pay
alimony in the event of a divorce. The
couple wed on June 1, 2019. One year
and one day later, Carol filed for divorce
(B) "An agreement by the parties, made
after Susan cheated on Carol. Susan is
before or during the marriage, shall be
now an emotional wreck and has lost her
valid and enforceable in a matrimonial
job due to the stress. May Susan seek
action if such agreement is in writing,
alimony?
subscribed by the parties, and acknowl-
edged or proven in the manner required
A. Yes, because the parties were married
to entitle a deed to be recorded." DRL §
for more than one year
236 (b)(3).
B. Yes, because the pre-nuptial agree-
ment was not in writing
C. No, because a pre-nuptial agree-
ment denying alimony to each party was
formed
D. No, because the parties were not mar-
ried for up to 10 years
, NYLE ACTUAL EXAM PRACTICE QUESTIONS AND ANSWERS 2025|A+ GRADED|
Paul recently formed Company, Inc. and
serves as its president. After establishing
the board and shareholders, the compa-
ny now wants to hire an officer. The cer- (C) "(a) The board may elect or appoint a
tificate of incorporation is silent on how president, one or more vice-presidents,
an officer may be elected. The compa- a secretary and a treasurer, and such
ny interviewed Jake and wants to elect other officers as it may determine, or as
him as an officer. How may the company may be provided in the by-laws.
elect Jake? (b) The certificate of incorporation may
provide that all officers or that specified
A. Paul alone may elect Jake officers shall be elected by the share-
B. The shareholders alone may elect holders instead of by the board." BCL §
Jake 715 (2021).
C. The board alone may elect Jake
D. The board or shareholders may elect
Jake
(C) New York courts have "abandoned
the classifications [of licensee, trespass-
er, invitee] entirely and announced our
adherence to the single standard of rea-
sonable care . . . ." Basso v Miller, 40
Brandon sued his former friend, Jason,
NY2d 233, 241 (1976). "An owner, lessee
after Brandon fell to the ground and in-
or occupant of premises, whether or not
jured himself while leaving Jason's prop-
posted as provided in section 11-2111
erty. Brandon was on the property to
of the environmental conservation law ,
confront Jason about lying, but he had
owes no duty to keep the premises safe
visited the property several times in the
for entry or use by others for hunting,
past. If Brandon loses the case, it will be
fishing, organized gleaning as defined
because:
in section seventy-one-y of the agricul-
A. Brandon was a trespasser ture and markets law , canoeing, boat-
B. Brandon was an invitee ing, trapping, hiking, cross-country ski-
C. Jason did not maintain the property ing, tobogganing, sledding, speleological
with reasonable care activities, horseback riding, bicycle rid-
ing, hang gliding, motorized vehicle op-
D. Brandon was a licensee
eration for recreational purposes, snow-
mobile operation, cutting or gathering of
wood for non-commercial purposes or
training of dogs, or to give warning of any
hazardous condition or use of or struc-
, NYLE ACTUAL EXAM PRACTICE QUESTIONS AND ANSWERS 2025|A+ GRADED|
ture or activity on such premises to per-
sons entering for such purposes." GOL
9-103.
"Parties. The party commencing a spe-
cial proceeding shall be styled the peti-
tioner and any adverse party the respon-
dent. After a proceeding is commenced,
no party shall be joined or interpleaded
Jennifer sued Adam in a special pro- and no third-party practice or interven-
ceeding by filing a petition. Adam re- tion shall be allowed, except by leave of
sponded with his answer and counter- court." CPLR § 401.
claim, which raised a new issue. Jennifer
responded with a reply. Adam responded "There shall be a petition, which shall
with a surreply and separately asked for comply with the requirements for a com-
leave of court to file a motion to join plaint in an action, and an answer where
another party. Which of the following was there is an adverse party. There shall be
NOT a proper response in the action? a reply to a counterclaim denominated as
such and there may be a reply to new
A. Adam's motion to join another party matter in the answer in any case. The
B. Adam's surreply court may permit such other pleadings
C. Jennifer's reply as are authorized in an action upon such
D. Adam's counterclaim terms as it may specify. Where there is
no adverse party the petition shall state
the result of any prior application for sim-
ilar relief and shall specify the new facts,
if any, that were not previously shown."
CPLR § 402
Allison had a great relationship with her
daughter Elizabeth until Elizabeth mar-
ried David. Two years after the marriage, (C) "(1) A will or any part thereof may
Allison used a pen to scratch out the be revoked or altered by: (A) Another
$200,00 she left to Elizabeth and wrote will. (B) A writing of the testator clearly
"$0" above that amount. All of the other indicating an intention to effect such re-
provisions in the will remained the same. vocation or alteration, executed with the
Is Allison's revocation effective? formalities prescribed by this article for
the execution and attestation of a will."
A. Yes, because partial revocation of a
will by physical act is permitted
, NYLE ACTUAL EXAM PRACTICE QUESTIONS AND ANSWERS 2025|A+ GRADED|
B. Yes, because Allison entered a new
amount above the scratched-out amount
C. No, because partial revocation of a will
EPTL 3-4.1 Partial revocation by physical
by physical act is not permitted
act is not allowed.
D. No, because the revocation violates
public policy regarding the legal right to
marriage
(D) New York is a race notice jurisdiction.
"Every such conveyance not so record-
Luke owned Blackacre and sold it to ed is void as against any person who
Timothy in January 2020. Timothy, a subsequently purchases or acquires by
bona fide purchaser, did not record the exchange or contracts to purchase or ac-
conveyance. In March 2020, Luke sold quire by exchange, the same real proper-
Blackacre to Sarah, a bona fide pur- ty or any portion thereof, or acquires by
chaser, who recorded the conveyance assignment the rent to accrue therefrom
in March 2020. In April 2020, Timothy as provided in section two hundred nine-
recorded the conveyance. Who owns the ty-four-a of the real property law , in good
property in May 2020? faith and for a valuable consideration,
from the same vendor or assignor, his
A. Timothy, because he is the first bona distributees or devisees, and whose con-
fide purchaser veyance, contract or assignment is first
B. Timothy, because he is the first bona duly recorded, and is void as against the
fide purchaser and also recorded lien upon the same real property or any
C. Sarah, because she is the last bona portion thereof arising from payments
fide purchaser made upon the execution of or pursuant
D. Sarah, because she is a bona fide to the terms of a contract with the same
purchaser who recorded first vendor, his distributees or devisees, if
such contract is made in good faith and
is first duly recorded." RPL § 291.
(D) "If the complaint is not served with
the summons, the defendant may serve
a written demand for the complaint with-
in the time provided in subdivision (a)
of rule 320 for an appearance. Service
of the complaint shall be made within
twenty days after service of the demand.
Service of the demand shall extend the
time to appear until twenty days after