New York State Court Clerk Practice Exam 2025 – 400 Free Practice Questions to Pass the Exam

The assertion that the court may not sever a claim or counterclaim according to CPLR 407 is false. Under the Civil Practice Law and Rules (CPLR) in New York, CPLR 407 provides the court with the authority to sever claims or counterclaims in an appropriate case.

Severance is an important procedural mechanism that allows the court to separate different causes of action or parties into different trials. This can be vital in cases where issues are distinct enough to warrant separate consideration or when multiple claims might create jury confusion. By allowing severance, the court facilitates a more organized and efficient trial process, ensuring that each claim can be addressed on its merits without interference from unrelated matters.

Options suggesting conditions under which claims may or may not be severed do not accurately reflect the broad discretion the court has under CPLR 407, as the statute does not impose a blanket prohibition on severance, emphasizing instead that the decision is situational and up to the discretion of the court based on the specifics of each case.