New York Law (NYLE) Practice Exam

Which claims may be permitted in Pete's lawsuit against Zoe and Alex?

1. A. Zoe's counterclaim against Pete.

2. B. Alex's counterclaim against Pete and Zoe's counterclaim against Pete.

3. C. Alex's crossclaim against Zoe.

4. D. All of the above.

The correct answer is: D. All of the above.

In the context of civil procedure, various types of claims can typically arise in litigation. In this scenario, Pete has initiated a lawsuit against Zoe and Alex, which opens the door for different forms of claims among the parties involved. Zoe's counterclaim against Pete is permissible because counterclaims allow a defendant in a lawsuit to assert their own claim against the plaintiff arising out of the same transaction or occurrence. This is a common procedural aspect designed to promote judicial efficiency by resolving multiple claims in one action. Similarly, Alex's counterclaim against Pete, as well as Zoe's counterclaim against Pete, may also be valid. Just like Zoe, Alex can assert a counterclaim if it stems from the same facts or circumstances relevant to Pete's original claims. This allows Alex to respond to Pete's lawsuit effectively and seek relief against him. Furthermore, Alex's crossclaim against Zoe is also permitted. A crossclaim is a claim brought by one defendant against another defendant in the same action, often regarding a dispute that arises between them concerning the subject matter of the original lawsuit. This is similarly aimed at consolidating disputes arising from the same series of events into a single legal proceeding. Thus, all these claims are fitting within the procedural rules governing civil litigation. By allowing