Exam All Answers and Illustrations
Given
In order for a state agency to adopt an administrative rule pursuant to the
State Administrative Procedure Act (SAPA), the agency must - 🧠 ANSWER
✔✔Submit notice of the proposed rule to the secretary of state for
publication and afford the public an opportunity to submit comments on the
proposed rule.
In the absence of a controlling provision in its certificate of incorporation or
by-laws, a director of a business corporation may be removed - 🧠 ANSWER
✔✔Only by vote of the shareholders and only for cause.
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 - 🧠 ANSWER ✔✔The lawyer herself and any person in the
firm under her direct supervision and control.
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? - 🧠 ANSWER ✔✔Defamation committed within the state.
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 - 🧠 ANSWER
✔✔The county in which the real property is located.
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 - 🧠 ANSWER ✔✔Timely under both the law of
New York and the law of State X.
If a pre-answer motion is made on any ground, which of the following
defenses is waived if not included in the motion - 🧠 ANSWER ✔✔Lack of
personal jurisdiction over the defendant.