NYLE Practice Questions & answers
rated A+
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 custody and maintenance from Paul. How should the court calculate maintenance
and child support?
A. The parties calculate child support and seek court approval for maintenance
B. Child support should be calculated first
C. Maintenance should be calculated first
D. Child support and maintenance should be calculated concurrently - ANS ✔✔(C)
"Maintenance shall be calculated prior to child support because the amount of maintenance
shall be subtracted from the payor's income and added to the payee's income as part of the
calculation of the child support obligation." DRL § 236 (B) (6) (c) (1) (g).
Susan and Carol got engaged on June 1, 2018. During this period, they discussed 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 after Susan
cheated on Carol. Susan is now an emotional wreck and has lost her job due to the stress. May
Susan seek alimony?
A. Yes, because the parties were married for more than one year
B. Yes, because the pre-nuptial agreement was not in writing
C. No, because a pre-nuptial agreement denying alimony to each party was formed
D. No, because the parties were not married for up to 10 years - ANS ✔✔(B) "An agreement by
the parties, made before or during the marriage, shall be valid and enforceable in a matrimonial
action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in
the manner required to entitle a deed to be recorded." DRL § 236 (b)(3).
,Paul recently formed Company, Inc. and serves as its president. After establishing the board and
shareholders, the company now wants to hire an officer. The certificate of incorporation is silent
on how an officer may be elected. The company interviewed Jake and wants to elect him as an
officer. How may the company elect Jake?
A. Paul alone may elect Jake
B. The shareholders alone may elect Jake
C. The board alone may elect Jake
D. The board or shareholders may elect Jake - ANS ✔✔(C) "(a) The board may elect or appoint a
president, one or more vice-presidents, a secretary and a treasurer, and such other officers as it
may determine, or as may be provided in the by-laws.
(b) The certificate of incorporation may provide that all officers or that specified officers shall be
elected by the shareholders instead of by the board." BCL § 715 (2021).
Brandon sued his former friend, Jason, after Brandon fell to the ground and injured himself
while leaving Jason's property. Brandon was on the property to confront Jason about lying, but
he had visited the property several times in the past. If Brandon loses the case, it will be
because:
A. Brandon was a trespasser
B. Brandon was an invitee
C. Jason did not maintain the property with reasonable care
D. Brandon was a licensee - ANS ✔✔(C) New York courts have "abandoned the classifications [of
licensee, trespasser, invitee] entirely and announced our adherence to the single standard of
reasonable care . . . ." Basso v Miller, 40 NY2d 233, 241 (1976). "An owner, lessee or occupant of
premises, whether or not posted as provided in section 11-2111 of the environmental
conservation law , owes no duty to keep the premises safe for entry or use by others for
hunting, fishing, organized gleaning as defined in section seventy-one-y of the agriculture and
markets law , canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding,
speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle
operation for recreational purposes, snowmobile 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 structure or activity on such premises to persons entering for such purposes." GOL 9-
103.
Jennifer sued Adam in a special proceeding by filing a petition. Adam responded with his
answer and counterclaim, which raised a new issue. Jennifer responded with a reply. Adam
responded with a surreply and separately asked for leave of court to file a motion to join
another party. Which of the following was NOT a proper response in the action?
A. Adam's motion to join another party
B. Adam's surreply
C. Jennifer's reply
D. Adam's counterclaim - ANS ✔✔"Parties. The party commencing a special proceeding shall be
styled the petitioner and any adverse party the respondent. After a proceeding is commenced,
no party shall be joined or interpleaded and no third-party practice or intervention shall be
allowed, except by leave of court." CPLR § 401.
"There shall be a petition, which shall comply with the requirements for a complaint in an
action, and an answer where there is an adverse party. There shall be a reply to a counterclaim
denominated as such and there may be a reply to new matter in the answer in any case. The
court may permit such other pleadings as are authorized in an action upon such terms as it may
specify. Where there is no adverse party the petition shall state the result of any prior
application for similar 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 married David. Two
years after the marriage, Allison used a pen to scratch out the $200,00 she left to Elizabeth and
wrote "$0" above that amount. All of the other provisions in the will remained the same. Is
Allison's revocation effective?
A. Yes, because partial revocation of a will by physical act is permitted
B. Yes, because Allison entered a new amount above the scratched-out amount
, C. No, because partial revocation of a will by physical act is not permitted
D. No, because the revocation violates public policy regarding the legal right to marriage - ANS
✔✔(C) "(1) A will or any part thereof may be revoked or altered by: (A) Another will. (B) A
writing of the testator clearly indicating an intention to effect such revocation or alteration,
executed with the formalities prescribed by this article for the execution and attestation of a
will." EPTL 3-4.1 Partial revocation by physical act is not allowed.
Luke owned Blackacre and sold it to Timothy in January 2020. Timothy, a bona fide purchaser,
did not record the conveyance. In March 2020, Luke sold Blackacre to Sarah, a bona fide
purchaser, who recorded the conveyance in March 2020. In April 2020, Timothy recorded the
conveyance. Who owns the property in May 2020?
A. Timothy, because he is the first bona fide purchaser
B. Timothy, because he is the first bona fide purchaser and also recorded
C. Sarah, because she is the last bona fide purchaser
D. Sarah, because she is a bona fide purchaser who recorded first - ANS ✔✔(D) New York is a
race notice jurisdiction. "Every such conveyance not so recorded is void as against any person
who subsequently purchases or acquires by exchange or contracts to purchase or acquire by
exchange, the same real property or any portion thereof, or acquires by assignment the rent to
accrue therefrom as provided in section two hundred ninety-four-a of the real property law , in
good faith and for a valuable consideration, from the same vendor or assignor, his distributees
or devisees, and whose conveyance, contract or assignment is first duly recorded, and is void as
against the lien upon the same real property or any portion thereof arising from payments
made upon the execution of or pursuant to the terms of a contract with the same vendor, his
distributees or devisees, if such contract is made in good faith and is first duly recorded." RPL §
291.
On January 1, the defendant was served via deliver-and-mail service, but the complaint was not
served with the summons. The defendant served a written demand for the complaint on
January 31. The plaintiff served the complaint on February 15. The defendant filed a notice of
appearance on March 15. Was the defendant's appearance timely?
rated A+
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 custody and maintenance from Paul. How should the court calculate maintenance
and child support?
A. The parties calculate child support and seek court approval for maintenance
B. Child support should be calculated first
C. Maintenance should be calculated first
D. Child support and maintenance should be calculated concurrently - ANS ✔✔(C)
"Maintenance shall be calculated prior to child support because the amount of maintenance
shall be subtracted from the payor's income and added to the payee's income as part of the
calculation of the child support obligation." DRL § 236 (B) (6) (c) (1) (g).
Susan and Carol got engaged on June 1, 2018. During this period, they discussed 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 after Susan
cheated on Carol. Susan is now an emotional wreck and has lost her job due to the stress. May
Susan seek alimony?
A. Yes, because the parties were married for more than one year
B. Yes, because the pre-nuptial agreement was not in writing
C. No, because a pre-nuptial agreement denying alimony to each party was formed
D. No, because the parties were not married for up to 10 years - ANS ✔✔(B) "An agreement by
the parties, made before or during the marriage, shall be valid and enforceable in a matrimonial
action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in
the manner required to entitle a deed to be recorded." DRL § 236 (b)(3).
,Paul recently formed Company, Inc. and serves as its president. After establishing the board and
shareholders, the company now wants to hire an officer. The certificate of incorporation is silent
on how an officer may be elected. The company interviewed Jake and wants to elect him as an
officer. How may the company elect Jake?
A. Paul alone may elect Jake
B. The shareholders alone may elect Jake
C. The board alone may elect Jake
D. The board or shareholders may elect Jake - ANS ✔✔(C) "(a) The board may elect or appoint a
president, one or more vice-presidents, a secretary and a treasurer, and such other officers as it
may determine, or as may be provided in the by-laws.
(b) The certificate of incorporation may provide that all officers or that specified officers shall be
elected by the shareholders instead of by the board." BCL § 715 (2021).
Brandon sued his former friend, Jason, after Brandon fell to the ground and injured himself
while leaving Jason's property. Brandon was on the property to confront Jason about lying, but
he had visited the property several times in the past. If Brandon loses the case, it will be
because:
A. Brandon was a trespasser
B. Brandon was an invitee
C. Jason did not maintain the property with reasonable care
D. Brandon was a licensee - ANS ✔✔(C) New York courts have "abandoned the classifications [of
licensee, trespasser, invitee] entirely and announced our adherence to the single standard of
reasonable care . . . ." Basso v Miller, 40 NY2d 233, 241 (1976). "An owner, lessee or occupant of
premises, whether or not posted as provided in section 11-2111 of the environmental
conservation law , owes no duty to keep the premises safe for entry or use by others for
hunting, fishing, organized gleaning as defined in section seventy-one-y of the agriculture and
markets law , canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding,
speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle
operation for recreational purposes, snowmobile 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 structure or activity on such premises to persons entering for such purposes." GOL 9-
103.
Jennifer sued Adam in a special proceeding by filing a petition. Adam responded with his
answer and counterclaim, which raised a new issue. Jennifer responded with a reply. Adam
responded with a surreply and separately asked for leave of court to file a motion to join
another party. Which of the following was NOT a proper response in the action?
A. Adam's motion to join another party
B. Adam's surreply
C. Jennifer's reply
D. Adam's counterclaim - ANS ✔✔"Parties. The party commencing a special proceeding shall be
styled the petitioner and any adverse party the respondent. After a proceeding is commenced,
no party shall be joined or interpleaded and no third-party practice or intervention shall be
allowed, except by leave of court." CPLR § 401.
"There shall be a petition, which shall comply with the requirements for a complaint in an
action, and an answer where there is an adverse party. There shall be a reply to a counterclaim
denominated as such and there may be a reply to new matter in the answer in any case. The
court may permit such other pleadings as are authorized in an action upon such terms as it may
specify. Where there is no adverse party the petition shall state the result of any prior
application for similar 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 married David. Two
years after the marriage, Allison used a pen to scratch out the $200,00 she left to Elizabeth and
wrote "$0" above that amount. All of the other provisions in the will remained the same. Is
Allison's revocation effective?
A. Yes, because partial revocation of a will by physical act is permitted
B. Yes, because Allison entered a new amount above the scratched-out amount
, C. No, because partial revocation of a will by physical act is not permitted
D. No, because the revocation violates public policy regarding the legal right to marriage - ANS
✔✔(C) "(1) A will or any part thereof may be revoked or altered by: (A) Another will. (B) A
writing of the testator clearly indicating an intention to effect such revocation or alteration,
executed with the formalities prescribed by this article for the execution and attestation of a
will." EPTL 3-4.1 Partial revocation by physical act is not allowed.
Luke owned Blackacre and sold it to Timothy in January 2020. Timothy, a bona fide purchaser,
did not record the conveyance. In March 2020, Luke sold Blackacre to Sarah, a bona fide
purchaser, who recorded the conveyance in March 2020. In April 2020, Timothy recorded the
conveyance. Who owns the property in May 2020?
A. Timothy, because he is the first bona fide purchaser
B. Timothy, because he is the first bona fide purchaser and also recorded
C. Sarah, because she is the last bona fide purchaser
D. Sarah, because she is a bona fide purchaser who recorded first - ANS ✔✔(D) New York is a
race notice jurisdiction. "Every such conveyance not so recorded is void as against any person
who subsequently purchases or acquires by exchange or contracts to purchase or acquire by
exchange, the same real property or any portion thereof, or acquires by assignment the rent to
accrue therefrom as provided in section two hundred ninety-four-a of the real property law , in
good faith and for a valuable consideration, from the same vendor or assignor, his distributees
or devisees, and whose conveyance, contract or assignment is first duly recorded, and is void as
against the lien upon the same real property or any portion thereof arising from payments
made upon the execution of or pursuant to the terms of a contract with the same vendor, his
distributees or devisees, if such contract is made in good faith and is first duly recorded." RPL §
291.
On January 1, the defendant was served via deliver-and-mail service, but the complaint was not
served with the summons. The defendant served a written demand for the complaint on
January 31. The plaintiff served the complaint on February 15. The defendant filed a notice of
appearance on March 15. Was the defendant's appearance timely?
