NYLE Practice Questions

Practise under the NYLE's constraints

The NYLE has 50 multiple-choice questions, two hours and forward-only navigation. Candidates may use permitted materials and notes but may not electronically search a searchable version of the Course Materials. Work each question in order, consult your compliant index only when needed, and commit before advancing.

Question 1: New York commencement

A plaintiff files a summons and complaint with the county clerk, but does not deliver the papers to the sheriff or process server for service. The plaintiff assumes the action is fully commenced against the defendant because the complaint was filed. Which statement best describes the issue?

• A. Filing alone always completes service on the defendant.
• B. Commencement and service are distinct procedural steps; the plaintiff must comply with New York's service rules and deadlines.
• C. A defendant is served when the plaintiff mails the papers to the court.
• D. Service is unnecessary if the defendant lives in New York.

Answer: B. Filing commences the action for limitations purposes under New York procedure, but service on the defendant is a separate act governed by CPLR Article 3 and applicable timing rules. The plaintiff must arrange valid service and file proof as required. The other options wrongly treat filing or residence as a substitute for service.

Question 2: contract modification

A written contract requires a vendor to deliver equipment by June 1. On May 20, the buyer and vendor sign a short writing extending delivery to June 15. No new payment is promised. The vendor delivers on June 10. Which is the best conclusion under the general New York contract principle?

• A. The modification is automatically invalid because no new consideration was paid.
• B. The signed written modification may be enforceable without new consideration under New York General Obligations Law section 5-1103.
• C. The modification is invalid because delivery dates cannot be changed.
• D. The buyer may reject the goods because any late delivery is a material breach of the original date.

Answer: B. New York General Obligations Law section 5-1103 provides that a written agreement modifying or discharging a contract is not invalid for lack of consideration if the agreement is signed by the party against whom enforcement is sought. The facts identify a signed writing. Other defenses, contract terms or UCC rules could matter in a real dispute, but the no-consideration objection alone does not decide this scenario.

Question 3: intestate spouse

A New York domiciliary dies without a will, leaving a spouse and one adult child. The estate has probate assets and no facts about debts or a prior marriage. Which statement best describes the default intestate distribution?

• A. The spouse receives the entire estate because the child is an adult.
• B. The spouse receives $50,000 and one-half of the balance, with the child receiving the remaining half, subject to statutory details.
• C. The child receives the entire estate because descendants always inherit first.
• D. The spouse and child each receive exactly one-half of every asset, regardless of the statutory calculation.

Answer: B. Under New York's intestacy statute, where a decedent leaves a spouse and issue, the spouse generally receives $50,000 and one-half of the balance, and the issue receive the rest by representation. The question states a simple family structure; actual distribution can depend on asset character, administration, survivorship and statutory rules.

Review the reasoning

For each answer, identify the New York authority and the fact that triggers it. Question 1 distinguishes filing from service. Question 2 tests the statutory rule for written contract modifications. Question 3 applies the statutory spouse-and-issue distribution. If your answer was wrong, record the rule and where it appears in the current official materials.

These three items do not predict an NYLE score or reproduce BOLE's content distribution. They demonstrate how to answer a rule-focused question and then use permitted materials to confirm a distinction efficiently.

Official sample questions

BOLE publishes 20 sample NYLE questions with its course materials. Work those questions after studying the current materials. Do not copy or share embedded NYLC questions and answers, which the Board identifies as protected. These original examples are not official and should supplement, not replace, the materials and sample set.

Question 4: New York long-arm jurisdiction

A New Jersey resident negotiates a one-time sale of used equipment to a New York buyer. The resident travels to New York to deliver the equipment, accepts payment there and leaves. The buyer later sues in New York over a defect in the equipment. Which analysis is most appropriate under CPLR 302(a)(1)?

• A. Jurisdiction is automatic because the plaintiff is a New York resident.
• B. The court should examine whether the defendant transacted business in New York and whether the claim arises from that transaction, then apply due process.
• C. Jurisdiction is automatic because any contract with a New Yorker is a New York transaction.
• D. CPLR 302 applies only to corporations.

Answer: B. CPLR 302(a)(1) requires a New York transaction of business and a claim arising from that transaction, together with constitutional due process. The defendant's in-state delivery and payment are relevant purposeful acts, and the defect claim concerns the sale. A is wrong because the plaintiff's residence alone does not establish the defendant's contact. C is too broad because a contract with a New York resident does not automatically suffice. D is wrong because the provision can reach nondomiciliary individuals as well as entities.

Question 5: New York contract limitation period

A written contract requires payment on June 1, 2020. The buyer does not pay. The seller files an action in New York on May 30, 2026, and serves the defendant within the applicable service period. No toll, special statute or contractual limitation applies. Which is the best answer?

• A. The action is timely because a six-year period generally applies to contract obligations and filing occurred before the sixth anniversary.
• B. The action is untimely because every contract claim has a three-year period.
• C. The action is timely only if the seller first discovers the breach within six years.
• D. The action is automatically barred because filing does not commence a New York action.

Answer: A. Many contract actions are subject to CPLR 213's six-year period, and the stated filing precedes the sixth anniversary of the payment breach. The facts remove a special period and tolling issue. B imports a tort period; C confuses discovery with ordinary contract accrual; D confuses commencement with service. New York generally commences an action by filing, while service remains a separate requirement.

Question 6: borrowing statute

A New Jersey resident sues in New York over an injury that occurred in New Jersey. New Jersey's limitation period has expired, but New York's otherwise applicable period has not. There are no facts establishing a statutory exception. Which issue should the court consider?

• A. CPLR 202, which may require the shorter limitation period for a nonresident's claim accruing outside New York.
• B. CPLR 302, which always borrows the plaintiff's home state's substantive law.
• C. The discovery rule, which automatically restarts every tort period when suit is filed.
• D. No issue, because New York limitations law always applies in a New York court.

Answer: A. CPLR 202 is New York's borrowing statute and may require the shorter period when a nonresident brings a claim accruing outside New York, subject to the statute's terms. The plaintiff's residence and place of injury are therefore important. B confuses jurisdiction with limitations choice; C invents a universal discovery rule; D ignores the borrowing statute.

Question 7: sequential decision under time pressure

During a timed NYLE practice block, a candidate encounters a close Evidence question, spends four minutes checking several chapters and still feels uncertain. What is the best next step under the exam's forward-only design?

• A. Advance without selecting an answer and plan to return later.
• B. Search an electronic copy of the materials because speed is essential.
• C. Use the rule and facts already identified, make the best-supported choice and move on.
• D. Continue reading until one choice feels completely certain.

Answer: C. The NYLE does not permit return to a prior question, and electronic searching of a searchable course-material copy is prohibited. A focused reference can help, but indefinite research is not practical. The candidate should identify the best rule-based choice and preserve time for remaining questions. A assumes backtracking; B violates the materials rule; D sacrifices time without adding new evidence.

Question 8: intestacy distribution and probate property

A New York domiciliary dies without a will, leaving a spouse and one child. The decedent also held an account with a valid beneficiary designation naming a sibling. What is the correct first step in applying New York intestacy law?

• A. Divide every asset under EPTL 4-1.1, including the account naming the sibling.
• B. Identify which assets are probate property and which pass by valid nonprobate transfer before applying intestacy to the undisposed estate.
• C. Give the spouse the entire estate because the child is a minor.
• D. Treat the sibling's designation as invalid because intestacy always controls.

Answer: B. Intestacy governs property not disposed of by a valid will or other controlling transfer. A beneficiary-designated account may pass outside probate, depending on the account and designation. The simple spouse-and-child formula applies to intestate property, subject to the statute. A wrongly assumes every asset is probate property; C and D state rules not supported by the facts.

Explain every answer choice during review

For each question, identify the authority, the triggering fact and the distractor's error. A correct letter without a reason is not reliable evidence of preparation. If you missed Question 4, distinguish statutory transaction and relatedness from constitutional contacts. If you missed Question 5, classify the claim before selecting a period. If you missed Question 8, separate probate assets from designated transfers. Then locate each topic in the official material and test it again with a new scenario.