New York Law (NYLE) Practice Exam

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Prepare for the New York Law Exam with flashcards and multiple choice questions. Each question is accompanied by hints and explanations. Ensure you are thoroughly ready for the exam!

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Under what condition is the time period for filing a motion for summary judgment measured?

From the date of complaint filing
From the date the note of issue is filed
From the date of the last court hearing
From the date the defendant is served

The correct answer is: From the date the note of issue is filed

The time period for filing a motion for summary judgment in New York is measured from the date the note of issue is filed. The note of issue is a document filed with the court that signifies the case is ready for trial. Once the note of issue is filed, the parties can assess the relevant timelines for various motions, including those for summary judgment. This is a critical step because it provides a clear starting point for the summary judgment process, as other events, such as the filing of the complaint or service of the defendant, do not establish the same definitive readiness for trial that the note of issue does. Therefore, measuring the summary judgment motion timeline from the date the note of issue is filed aligns with New York procedural rules that aim to streamline and clarify the litigation process as it heads towards trial.