NYLE Exam Study Questions with Complete Solutions 2024/2025 Before an agency adopts a new rule, a public hearing: - Correct Answer May be required if there is a statute that specifically requires that a hearing be held.When appearing before an administrative agency, a party: - Correct Answer May be represented by someone who is not an attorney (may be pro se).If an agency's implementing statue is silent regarding whether an adjudicatory hearing is required before a licensing decision is made: - Correct Answer Due process may require a hearing be held, if there is a property right at stake.A motion to quash a subpoena issued by an administrative law judge should be made, in the first instance to: - Correct Answer The administrative law judge that issued the subpoena.An executive session may be conducted by a public body: - Correct Answer Following a majority vote of the pubic body taken in a public session identifying the topics to be discussed.Which one is required for general partnership? - Correct Answer 2 or more persons defined as an individual or legal entity.What is the consequence of organizing a registered limited liability partnership (RLLP): - Correct Answer Each member of the partnership is personally liable for any negligent or wrongful act committed by him or by a person under his direct supervision in rendering professional services on behalf of the RLLP.Which one of the following statements regarding business corporations is false? - Correct Answer Offers appointed by shareholders to manage on a day to day basis.In order to preserve their appraisal rights, shareholders who oppose an amendment to the certificate of incorporation that limits their voting rights must: - Correct Answer Give written objection to the corporation before the vote is taken.An officer elected by the board of directors of a business corporation may be removed by vote of the:
- Correct Answer Board of directors for cause or without cause. 1 / 4
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: - Correct Answer The lawyer herself and any persons in the firm under her direct supervision and control.In order for a director who is absent from a vote taken by a board of directors to dissent from the action, the absent direction: - Correct Answer Must cause his dissent to be filed with the meant minutes within a reasonable time after learning of the action.Is service of process by email permitted in a civil action commenced in NY State courts? - Correct Answer Yes, but only where a court has issued order permitting service of process by email.Unless the court sets a specific date, the expiration of the time period for which a party may file a motion for summary judgement is measured from the date: - Correct Answer The note of issue was filed.If a non-resident commences an action against a D who has a condo in NY county, but travels to Columbia County to their farmhouse every weekend, the D's residence for the purpose of venue
would be: - Correct Answer Either Columbia County or NY County.
The proper venue in an action against a municipality is: - Correct Answer The county in which the municipality is located.
A three-year statue of limitations applies to all the follow except:
OPTIONS:
- Property damage
- Legal malpractice
- Medical malpractice
- Personal injury - Correct Answer ANSWER
- Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by clerk of the court: - Correct Answer Time has not begun to run. 2 / 4
Verification of an answer to a complain is: - Correct Answer Mandatory in the answer if it is verified in the complaint.The statute of limitations for a negligence case of action against a municipality is: - Correct Answer One year and 90 days.A party who applies for a temporary restraining order: - Correct Answer Must put the opposing party on notice of the application in all cases, pursuant to the rules applicable to cases brought in Supreme Court.In support of a motion for summary judgement, generally, an attorney's affirmation: - Correct Answer Has no probative value with respect to facts asserted therein.If in response to a notice for discovery and inspection a corporation produces documents it authored, when offered evidence by an adverse party, the documents are: - Correct Answer Presumed to be authentic, but are not necessarily admissible.If a party to an action wishes to seek relief on an expedited basis, the party should file: - Correct Answer An order to show cause.If a party serves an order that is signed by the judge but has not been entered by the clerk, the time
to file an appeal from that order: - Correct Answer Has not yet begun.
In a civil action, the deposition of an opposing party's expert: - Correct Answer Only permitted in any case upon agreement of all parties.If in response to a notice for discovery and inspection a corporation produces documents it authored, when offered into evidence by an adverse party, the documents are: - Correct Answer Presumed to be authentic, but are not necessarily admissible.The time to perfect an appeal to the Appellate Division runs from the date the notice of appeal was filed and is: - Correct Answer Six months, but a dismissal for failure to timely perfect may be vacated.A New York court applying a conflict of law analysis in an action brought in New York by a New York resident against a nonresident must first determine: - Correct Answer Whether there is an actual conflict between the laws of New York and the other jurisdiction that governs the parties' dispute. 3 / 4
State X law imposes tort liability on an actor for particular conduct. New York does not regulate the conduct at issue. In an action in New York between New York residents to recover damages for injuries sustained in an accident in State X, which injuries were caused by the defendant having engaged in the particular activity, the law of which State will apply in determining liability? - Correct Answer State X, because the State in which the accident took place is conduct-regulating.If conflict commenced in NY between New Yorkers for an accident that happened in State X, apply the law of: - Correct Answer NY law because law is loss allocating and the residents are both from NY.In an action in New York for breach of an employment contract, a New York court will always apply the law of: - Correct Answer The jurisdiction with the most significant contacts with the matter in dispute.A testator executed her will in New York while domiciled here. If the testator subsequently dies in State X while domiciled there, owning real property in New York and personal property in State X, the law of which state will determine the disposition of the testator's estate? - Correct Answer New York as to the testator's real property and State X as to the testator's personal property.May an infant, whose parent signed a contract permitting the use of the infant's photographs for publicity purposes, disaffirm the contract once she reaches the age of 18? - Correct Answer No, because the contract signed by the parent was permissible under New York Civil Rights Law and could not be disaffirmed by the infant.Pursuant to the Statute of Frauds, all of the following must be writing to be enforceable except:
OPTIONS
- A promise to answer for the debt default or miscarriage of another person.
- A promise to pay a debt that was discharged in bankruptcy.
- A contract relating to the division of assets between a husband and wife.
- A contract for snow removal the term of which is six months and which is effective immediately. -
- A contract for snow removal the term of which is six months and which is effective immediately.
- / 4
Correct Answer ANSWER
A husband and wife, both of whom turned 18 last month, entered into a contract to borrow money from a bank to purchase a home when they were 17. May they disaffirm the contract now that they have turned 18? - Correct Answer No, because a married couple may not disaffirm a contract they entered into as infants to borrow money to purchase a home.