Practice NYLE Questions with
complete solutions
A person served as director of both Corporation A and Corporation B. This director was present
at a meeting of the board of directors of Corporation A when it approved a contract between
Corporation A and Corporation B, and his presence and affirmative vote were necessary to
establish a quorum of the board and approve the contract. The contract was fair and reasonable
to Corporation A at the time it was approved. Is the contract voidable by Corporation A? -
correct answer ✔✔ No, because the contract was otherwise fair and reasonable to Corporation
A at the time it was approved.
Is a trial court in the First Judicial Department required to follow a decision of the Appellate
Division of the Third Judicial Department? - correct answer ✔✔ Yes, unless either the Court of
Appeals or the Appellate Division in the First Judicial Department has pronounced a contrary
ruling.
Which one of the following types of service is only available if service by personal delivery
cannot be made with due diligence? - correct answer ✔✔ Affix-and-mail service.
The sole defendant in a civil action was served with the plaintiff's summons and complaint last
week, and he has since served his answer. May the plaintiff now add a second defendant to the
action as of right? - correct answer ✔✔ Yes, and the plaintiff has until 20 days after the
defendant served his answer to add the party.
A defendant served with the complaint in a civil action made a pre-answer motion to dismiss
the complaint on the ground that it failed to state a cause of action, but the motion was denied.
In the defendant's answer any of the following defenses may be raised except: - correct answer
✔✔ Lack of personal jurisdiction.
complete solutions
A person served as director of both Corporation A and Corporation B. This director was present
at a meeting of the board of directors of Corporation A when it approved a contract between
Corporation A and Corporation B, and his presence and affirmative vote were necessary to
establish a quorum of the board and approve the contract. The contract was fair and reasonable
to Corporation A at the time it was approved. Is the contract voidable by Corporation A? -
correct answer ✔✔ No, because the contract was otherwise fair and reasonable to Corporation
A at the time it was approved.
Is a trial court in the First Judicial Department required to follow a decision of the Appellate
Division of the Third Judicial Department? - correct answer ✔✔ Yes, unless either the Court of
Appeals or the Appellate Division in the First Judicial Department has pronounced a contrary
ruling.
Which one of the following types of service is only available if service by personal delivery
cannot be made with due diligence? - correct answer ✔✔ Affix-and-mail service.
The sole defendant in a civil action was served with the plaintiff's summons and complaint last
week, and he has since served his answer. May the plaintiff now add a second defendant to the
action as of right? - correct answer ✔✔ Yes, and the plaintiff has until 20 days after the
defendant served his answer to add the party.
A defendant served with the complaint in a civil action made a pre-answer motion to dismiss
the complaint on the ground that it failed to state a cause of action, but the motion was denied.
In the defendant's answer any of the following defenses may be raised except: - correct answer
✔✔ Lack of personal jurisdiction.
