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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 supportand seek court approval for maintenance B. Child support should be calculatedfirst C. Maintenance should be calculatedfirst (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).
D. Child support and maintenanceshould be calculated concurrently 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 marriedfor more than one year B. Yes, because the pre-nuptial agreement was not in writing (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).
D. The board or shareholders may electJake 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 (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 struc- ture 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 "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
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 newamount above the scratched- out amount C. No, because partial revocation of a will by physical act is not permitted D. No, because the revocation violatespublic policy regarding the legal right tomarriage 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 (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
March 2020. In April 2020, Timothy recorded the conveyance. Who owns the property in May 2020? A. Timothy, because he is the first bonafide purchaser B. Timothy, because he is the first bonafide purchaser and also recorded C. Sarah, because she is the last bonafide purchaser D. Sarah, because she is a bona fidepurchaser who recorded first 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.
notice of appearance on March 15. Was the defendant's appearance timely?A. Yes, because the defendant served awritten demand for the complaint whichextended the time to appearB. Yes, because the plaintiff did not servethe complaint with the original service,which extended the time to appearC. No, because the defendant served thedemand for the complaint more than 20days from the date of service under this subdivision does not of itself constitute an appearance in the action." CPLR § 3012.See also CPLR § 320. "An appearance shall be made within twenty days after service of the summons, except that if the summons was served on the defendant by delivering it to an official of the state authorized to receive service in his behalf or if it was served pursuant to section 303, subdivision two, three, four or five of section 308, or sections 313 , 314 or 315 , the appearance shall be made within thirty days after service is complete. If the complaint is not served with the summons, the time to appear may be extended as provided in subdivision (b) of section 3012." James filed an action against Bob. Bob filed a bill of particulars regarding James' complaint then (D) "Except as otherwise provided herein, after commencement of an action, any party may serve upon
filed a pre-answer motion to dismiss, which was denied. During discovery, James serves Bob with interrogatories consisting of 10 questions, each with 2 sub- questions. Should Bob respond to the interrogatories?A. Yes, because the interrogatories did any other party written interrogatories. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. In the case of an action to recover damages for personal injury, injury to property or wrongful death predicated solely on a cause or causes of action for negligence, a party shall not be 5 / 41 not exceed the maximum amount permittedB. Yes, because the bill of particulars wasnot demanded from the same partyC. No, because a bill of particulars wasdemanded in the caseD. No, because the permitted to serve interrogatories on and conduct a deposition of the same party pursuant to rule 3107 without leave of court." CPLR § 3130 (2021)."Interrogatories are limited to 25 in number, including subparts,
because the bartender served analcoholic beverage to a 19-year- old girl James created a will leaving his home to his wife Lucy, $200,000 to his only teenage child, and his personal property to his only sister Rebecca. James had three cars: a Honda worth $10,000, a Jeep worth $30,000, and a Mercedes worth $50,000. After James died, the (A) "(a) If a person dies, leaving a surviving spouse or children under the age of twenty-one years, the following items of property are not assets of the estate but vest in, and shall be set off to such surviving spouse, unless disqualified... (5) One motor vehicle not exceeding in value twenty-five thousand dollars. In 6 / 41 will was submitted for probate. Rebecca wants to collect all three of James' cars, but Lucy wants to keep a car, preferably the Jeep, because she does not have a car or any other cash. Will Lucy be able to keep a car?A. Yes, Lucy will be able to keep the alternative, if the decedent shall have been the owner of one or more motor vehicles each of which exceed twenty-five thousand dollars in value, the surviving spouse or decedent's children may acquire one such motor vehicle from the estate, regardless of
the HondaB. Yes, Lucy will be able to keep the JeepC. Yes, Lucy will be able to keep the MercedesD. No, Lucy will not be able to keep a car the fact that the decedent may also have been the owner of another motor vehicle of lesser value than twenty-five thousand dollars, by payment to the estate of the amount by which the value of the motor vehicle exceeds twenty-five thousand dollars... ." EPTL § 5-3.1. Joseph obtained a lawyer for a limited scope representation. He went to his lawyer's office to explain a problem he had with a contract for a home he wanted to buy. Joseph told his lawyer that his end result was to have the home, and not to be compensated with money. Which of the following remedies should the lawyer NOT proffer?A. Notice of pendencyB. AttachmentC. Preliminary InjunctionD. None of the above (B) "An order of attachment may be granted in any action, except a matrimonial action, where the plaintiff has demanded and would be entitled, in whole or in part, or in the alternative, to a money judgment against one or more defendants... ." CPLR § 6201 (2012).
York's long-armstatute does not confer specific jurisdiction over a nondomiciliary for a cause ofaction for defamationD. No, because Elizabeth is not domiciled in New York solicits business, or engages in anyother persistent course of conduct, orderives substantial revenue from goodsused or consumed or services rendered,in the state, or (ii) expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce; or4. owns, uses or possesses any realproperty situated within the state." CPLR§ 302. Elizabeth lived in State A for 20 years before she died and executed a will in accordance with the laws of State A, which does not require the testator's signature. In her will, she left her house in New York to her niece Jane. Joe, Elizabeth's nephew, and Jane are her sole heirs. Joe wants the house and disputes the validity of the will. Which of the (C) "The formal validity, intrinsic validity, effect, interpretation, revocation or alteration of a testamentary disposition of real property, and the manner in which such property descends when not disposed of by will, are determined by the law of the jurisdiction in which the land is situated." EPTL § 3-5.1. "The intrinsic validity, effect,
following is the likely outcome?A. Probate the will in State A to determine who gets the houseB. Probate the will in New York and Janegets the houseC. Apply intestacy laws and Jane and revocation or alteration of a testamentary disposition of personal property, and the manner in which such property devolves when not disposed of by will, are determined by the law of the jurisdiction in which the decedent was domiciled at death." ." EPTL § 3-5.1. Regarding an individual's real property, whether the individual died testate or intestate will be 8 / 41 Joe get the house D. None of the above determined by the law of the decedent's domicile. Tim is separated from his wife Jolene. Tim sued his wife for negligence. Jolene's attorney is in substantial need of evidence and seeks permission from the court to obtain the following through (C) "(b) Privileged matter. Upon objection by a person entitled to assert the privilege, privileged matter shall not be obtainable. (c) Attorney's work product. The work product of an attorney shall not be
arbitration. Subsequently, a dispute arose and on January 1, 2020, Cole served Jasmine with a demand for arbitration. Jasmine served Cole with an application to stay arbitration on January 18, 2020, claiming that a condition precedent has not been complied with. How should the application to stay arbitration be treated?A. The stay of arbitration is void be- name and address of the party serving the notice, or of an officer or agent thereof if such party is an association or corporation, and stating that unless the party served applies to stay the arbitration within twenty days after such service he shall thereafter be precluded from objecting that a valid agree- 9 / 41 cause the parties agreed that neither party could apply for itB. Jasmine is precluded from objectingto the stay of arbitration because she didnot serve the stay within 15 days afterreceiving the demand to arbitrateC. The court should hear the application to stay arbitration ment was not made or has not beencomplied with and from asserting in courtthe bar of a limitation of time.... Anapplication to stay arbitration must bemade by the party served within twentydays after service upon him of the noticeor demand, or he shall be so
because Jasmineserved the stay within 20 days after receiving the demand to arbitrateD. The stay of arbitration is automatically enforced because arbitration agreements are generally not enforceable precluded.CPLR § 7503 (2012).17 / 50 Pete sued Zoe and Alex for negligence. Zoe filed a counterclaim against Pete for negligence resulting from the same facts as the original lawsuit. Alex filed a counterclaim against Pete resulting from separate facts as the original lawsuit. Alex also filed a crossclaim against Zoe for libel stemming from a separate incident from the original lawsuit. Which claims may be permitted?A. Zoe's counterclaim against PeteB. Alex's counterclaim against Pete andZoe's counterclaim against PeteC. Alex's crossclaim against ZoeD. All of the above (D) "(a) Subject of counterclaims. A counterclaim may be any cause of action in favor of one or more defendants or a person whom a defendant represents against one or more plaintiffs, a person whom a plaintiff represents or a plaintiff and other persons alleged to be liable.(b) Subject of cross-claims. Across- claim may be any cause of action in favor of one or more defendants or a person whom a defendant represents against one or more defendants, a person whom a defendant represents or a defendant and other persons alleged to be liable. A cross-claim may include a
