NYLE Practice Questions with Complete and Verified Answers

NYLE Practice Questions with Complete and Verified Answers 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 pendency B. Attachment C. Preliminary Injunction D. 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). Elizabeth lives in Connecticut, owns property in New York, and visits New York frequently. Jane wants to sue Elizabeth for defamation based on an incident that occurred while Elizabeth was in New York. Will the court have personal jurisdiction over Elizabeth if Jane sues in New York? A. Yes, because New York’s long-arm statute confers specific jurisdiction over a nondomiciliary who commit a tortious act in New York B. Yes, because Elizabeth owns property in New York C. No, because New York’s long-arm statute does not confer specific jurisdiction over a nondomiciliary for a cause of action for defamation D. No, because Elizabeth is not domiciled in New York (B) “As to a cause of action arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent: 1. transacts any business within the state or contracts anywhere to supply goods or services in the state; or 2. commits a tortious act within the state, except as to a cause of action for defamation of character arising from the act; or 3. commits a tortious act without the state causing injury to person or property within the state, except as to a cause of action for defamation of character arising from the act, if he (i) regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used 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; or 4. owns, uses or possesses any real property 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 following is the likely outcome? A. Probate the will in State A to determine who gets the house B. Probate the will in New York and Jane gets the house C. Apply intestacy laws and Jane and Joe get the house D. None of the above (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, 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 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