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19 Cards in this Set

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Money Judgment
20 Years, unless there has been an intervening acknowledgment of the debt by the D or part payment of the judgment.
Collecting arrears for maintenance or child support arising from a judgment or order entered after August 7 1987?
20 years


( after August 7, 1987 )

(prior to it is governed by a 6 year SOL)
Adverse Possession against real property owned by NY state
20 years
Adverse possession by one co-tenant against another co-tenant requires a __ year period. Likewise, adverse possession by a tenant in possession on a lease against a landlord requires a __ year period.
20 years
A mortgager right to exercise equity of redemption against a mortgagee in possession under an "equitable mortgage" such as a deed absolute which was intended as a mortgage, a deed in trust or an installment contract intended as a mortgage?
20 years
An ejection action against a trespasser?
10 years
Adverse possession on all real property not owned by the state of NY?
10 years
An action to enforce breach of a restrictive covenant running with the land?
10 years
Money judgments filed in the county where the judgment debtor owns real property becomes an automatic lien on the debtors real property in that county for ___ years from when the original judgment was first entered.
10 years
A crime victim asserting a claim against a Defendant convicted of a violent crime or white collar crime has a ___ year SOL for certain specified crimes or __ years for other crimes to assert a civil claim under CPLR and executive law. A crime victim also has __ form discovery of "any funds or assets" owned by D convicted of a crime as per executive law.
A crime victim asserting a claim against a Defendant convicted of a violent crime or white collar crime has a 10year SOL for certain specified crimes or 7 years for other crimes to assert a civil claim under CPLR and executive law. A crime victim also has 3 years form discovery of "any funds or assets" owned by D convicted of a crime as per executive law.
What is the pneumonic for 6 year statute of limitations?
S-C-A-R-F-C-R-I-M-E
What does S-C-A-R-F-C-R-I-M-E include:
S- SPECIFIC PERFORMANCE-of a contract; the cause of action for a breach of contract accrues at the time of the breach even if the P was unaware of the breach.

C-CONTRACT actions to recover money that do not involve a UCC sales contract.

A- ACTIONS- that were recognized at common law, for which there is no statute of limitations prescribed by the CPLR (i.e. commercial bribery or falsely notarizing a signature)

R-REFORMATION-of a contract (reform a scriveners mistake) the 6 years starts from date of contracts execution.

F- FRAUD, deceit, or misrepresentation ; 6 years from the date of the fraud, or 2 years from when the fraud was discovered or reasonably should have been discovered. whichever time period gives the plaintiff more time to sue.

C-CORPORATE DERIVATIVE ACTIONS- commenced by a shareholder against wrongdoing corporate directors or officers.

R-RESCISSION AND RESTITUTION-e.g. of a prenuptual agreement, long term lease, deed, or contract.

I-INDEMNIFICATION AND CONTRIBUTION-does not begin to run until the plaintiff has paid more than his apportioned share of fault.

M-MORTGAGE FORECLOSURE- must be commenced within 6 years from when the note/bond was breached.

E- EQUITABLE CAUSES-of action such as unjust enrichment, constructive trust, a claim for an accounting, or a claim for breach of fiduciary duty seeking equitable relief (e.g. injunction, specific performance (money relief is 3 years not 6)
What is the pneumonic for elements of fraud under S-C-A-R-F-C-R-I-M-E ?
S-I-I-R-M
What does S-I-I-R-M stand for?
S-Defendant's SCIENTER (Defendant knew she was lying)

I- The lie was made with the INTENT TO DEFRAUD or mislead the plaintiff

I- Resulting in an economic INJURY to the plaintiff.

R- Plaintiff's REASONABLE RELIANCE on the misrepresentation.

M- Defendant's misrepresentation involved a MATERIAL FACT which induced the plaintiff to enter the contract.
What is constructive fraud?
When defendant transfers assets for less than full and fair consideration (a gift) and either is rendered insolvent or believes that she will incur debts in the future beyond her ability to pay them. Constructive fraud has a flat 6 year SOL and does not get the benefit of starting when the fraud was discovered. Inference of fraud.
Elements of constructive fraud (Do not need all elements) - What is the pneumonic?
S-H-I-F-T-S
What does S-H-I-F-T-S stand for?
S- SECRET transfer

H- HASTILY done.

I- INADEQUACY of consideration

F- Made to a FAMILY member

T- TRANSFEROR continued to possess or control the property.

S- SCIENTER (knowledge) of the creditor's claim and an inability to pay the claim after the transfer
What has a 5 year statute of limitations?
The causes of action for divorce are A-P-A-I-N
A-P-A-I-N
A- Adultery

P- Prison

A- Abandonment

I- Cruel and Inhuman

N- No-fault conversion divorce, in which a party has signed a separate