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Details Title: New York Practice Description: Fordham Law NY Bar review flash cards Total Flash Cards: 36 Created: 05/24/2007 19:36:16	To study from this set of flash cards, or to create your own your own study flash cards, register HERE. If you are already a registered user, CLICK HERE.
Cards Term NYPractice Question 1 Statute of Limitations for Actions by the state or its grantee to recover real property Definition NYPractice Answer 1 Twenty years for Actions by the state or its grantee to recover real property Term NYPractice Question 2 Statute of Limitations for enforcement of judgments Definition NYPractice Answer 2 Twenty Years for enforcement of judgments Term NYPractice Question 3 Statute of Limitations for actions to recover principal or interest on certain bonds Definition NYPractice Answer 3 Twenty years for actions to recover principal or interest on certain bonds Term NYPractice Question 4 Statute of Limitations for actions to recover real property Definition NYPractice Answer 4 Ten years for actions to recover real property Term NYPractice Question 5 Statute of Limitations for actions to annul letters patent Definition NYPractice Answer 5 Ten years for actions to annul letters patent Term NYPractice Question 6 Statute of Limitations for actions to redeem a mortgage Definition NYPractice Answer 6 Ten years for actions to redeem a mortgage Term NYPractice Question 7 Statute of Limitations for actions by victims of crimes against a convicted defendant Definition NYPractice Answer 7 Seven years: actions by victims of crimes against a convicted defendant must commence within seven years of the date of the crime Term NYPractice Question 8 Statute of Limitations for actions by victims of certain specific serious crimes, like violent felonies Definition NYPractice Answer 8 Ten years: actions by victims of certain specific serious crimes, like violent felonies, must be commenced within ten years of the date of conviction. Even if the ten years SOL period for the specified serious crime has run, an action may still be commenced for up to three years from the discovery of the defendant's receipt of money or property from any source. Term NYPractice Question 9 Statute of Limitations for non-UCC contractual obligations Definition NYPractice Answer 9 Six years for non-UCC contractual obligations Term NYPractice Question 10 Statute of Limitations for actions upon sealed instruments or on notes or bonds secured by real property mortgages Definition NYPractice Answer 10 Six years for actions upon sealed instruments or on notes or bonds secured by real property mortgages Term NYPractice Question 11 Statute of Limitations for actions for public property Definition NYPractice Answer 11 Six years for actions for public property Term NYPractice Question 12 Statute of Limitations for fraud actions and those based on mistake Definition NYPractice Answer 12 Six years for fraud actions and those based on mistake Term NYPractice Question 13 Statute of Limitations for shareholder derivative actions, or those by a corporation against directors Definition NYPractice Answer 13 Six years for shareholder derivative actions, or those by a corporation against directors Term NYPractice Question 14 Statute of Limitations for civil actions not specified by statute Definition NYPractice Answer 14 Six years for civil actions not specified by statute Term NYPractice Question 15 Statute of Limitations for UCC contracts (i.e. contracts for sale of goods Definition NYPractice Answer 15 Four years for UCC contracts Term NYPractice Question 16 Statute of Limitations for actions for nonpayment of money on execution Definition NYPractice Answer 16 Three years for actions for nonpayment of money on execution Term NYPractice Question 17 Statute of Limitations for actions for statutory liability Definition NYPractice Answer 17 Three years for actions for statutory liability Term NYPractice Question 18 Statute of Limitations for replevin actions Definition NYPractice Answer 18 Three years for replevin actions Term NYPractice Question 19 Statute of Limitations for actions for damage to property Definition NYPractice Answer 19 Three years for actions for damage to property Term NYPractice Question 20 Statute of Limitations for personal injury actions based on negligence and strict liability(other than medical malpractice) Definition NYPractice Answer 20 Three years for personal injury actions based on negligence and strict liability (other than medical malpractice, which are two and a half years) Term NYPractice Question 21 Statute of Limitations for malpractice actions (other than medical malpractice) Definition NYPractice Answer 21 Three years for malpractice actions (other than medical malpractice, which are two and a half years) Term NYPractice Question 22 Statute of Limitations for actions to annul a marriage on the basis of fraud Definition NYPractice Answer 22 Three years for actions to annul a marriage on the basis of fraud Term NYPractice Question 23 Statute of Limitations for strict liability in tort Definition NYPractice Answer 23 Three years for strict liability in tort Term NYPractice Question 24 Statute of Limitations for medical malpractice actions Definition NYPractice Answer 24 Two years, six months for medical malpractice actions Term NYPractice Question 25 Statute of Limitations for wrongful death actions Definition NYPractice Answer 25 Two years for wrongful death actions. For wrongful death actions the statute is tolled for period of criminal prosecution of wrongdoer arising out of the same occurrence Term NYPractice Question 26 Statute of Limitations for Tort claims against a city, town, village, fire or school district Definition NYPractice Answer 26 One year, ninety days for Tort claims against a city, town, village, fire or school district. There is also a condition precedent that a notice of claim be served on the municipal defendant within 90 days after the claim arises. Term NYPractice Question 27 Statute of Limitations for intentional tort Definition NYPractice Answer 27 One year for intentional tort. For intentional torts, the statute is tolled for period of criminal prosecution of wrongdoer arising out of the same occurrence Term NYPractice Question 28 Statute of Limitations for actions for official acts or omissions Definition NYPractice Answer 28 One year for official acts or omissions Term NYPractice Question 29 Statute of Limitations for actions to recover overcharges of interest and those to enforce a penalty or forfeiture Definition NYPractice Answer 29 One year for actions to recover overcharges of interest and those to enforce a penalty or forfeiture Term NYPractice Question 30 Statute of Limitations for retaliatory evictions Definition NYPractice Answer 30 One year for retaliatory evictions Term NYPractice Question 31 Statute of Limitations for actions on arbitration awards Definition NYPractice Answer 31 One year for actions on arbitration awards Term NYPractice Question 32 When does the statute of limitations begin to run for defamation actions, where the same statement is repeatedly published for a similar audience (i.e. repeated in a newspaper every day for a month)? Definition NYPractice Answer 32 The SOL for defamations runs from the first defamatory statement. It is not revived by repeated publications of the same statement unless the repeated publication is intended to reach a different audience (e.g. a paperback edition of a hardcover book). Term NYPractice Question 33 Dr. Dunn continuously mistreated Lemerson's back pain from horse riding for exactly two years. How long from the first date of treatment does Lemerson have to commence an action? Definition NYPractice Answer 33 Lemerson has four years, six months to commence an action. The statute of medical malpractice actions is two years, six months from the date of last treatment. Term NYPractice Q 34 During an operation, Dr. Bhatt accidentally left his cell phone in Oz's abdomen, to no ill effect. Three years later, Oz called Dr. Bhatt, and his abdomen vibrated for the first time. How long does Oz have to commence an action? Definition NYPractice Answer 34 One year. If the claim is based on the fact that the doctor left a foreign object in the patient's body, the suit may be brought either within two years, six months of the operation or within one year from the date of discovery of facts that would have led to discovery of the object. Term NYPrac Q35 During a tonsil operation, Dr. Payne accidentally removed Dayna's left kidney. Dr. Payne assured Dayna that back pain is a normal side effect of tonsil surgery. After five years, Dayna discovered the truth. Can Dr. Payne laugh in her face? Definition NYPractice Answer 35 No. If the doctor knowingly conceals his act of malpractice and the plaintiff reasonably relies on the doctor, the doctor may be estopped from pleading the statute of limitations. Term NYPractice Question 36 Safia built a house for Ruth. Ten years later, because of an architectural defect, Michael broke his nose. Can Ruth or Michael sue Safia for architectural malpractice? Definition NYPractice Answer 36 Ruth cannot sue, but Michael can. The client's claim for the architect's malpractice accrues when the relationship of architect and client terminates. However, an injured third party's claim accrues at time of injury.