New York Law (NYLE) Practice Exam

Disable ads (and more) with a membership for a one time $2.99 payment

Prepare for the New York Law (NYLE) Exam with our comprehensive study material. Utilize flashcards and multiple choice questions, each with detailed explanations. Ace your exam confidently!

Each practice test/flash card set has 50 randomly selected questions from a bank of over 500. You'll get a new set of questions each time!

Practice this question and more.

After delivering process at Peter's home and mailing it to his last known address, what can Peter do?

Move to dismiss because service was improper
Respond to the action because service was proper
File a counterclaim against Jane
Ignore the service and avoid the trial

The correct answer is: Respond to the action because service was proper

In this scenario, if process was delivered to Peter's home and also mailed to his last known address, this constitutes adequate service of process under New York law. Proper service is essential because it ensures that the defendant, in this case, Peter, is given notice of the legal action against him and an opportunity to respond. By receiving the documents at his home and through mail, he is considered properly served, which obligates him to respond in some manner. Therefore, the correct course of action for Peter, upon being effectively served, is to respond to the action. This could involve filing an answer to the complaint, raising defenses, or making motions related to the case. Ignoring the service would not be advisable since it could lead to a default judgment against him. Other options, such as dismissing the case or filing a counterclaim without first responding to the original action, would not be appropriate under these circumstances since they stem from a misunderstanding of the service's effectiveness. Responding is the necessary first step for Peter to protect his interests in this legal matter.