Legislation
SECTION 2215
Relief demanded by other than moving party
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 22
Rule 2215. Relief demanded by other than moving party. At least three
days prior to the time at which the motion is noticed to be heard, or
seven days prior to such time if demand is properly made pursuant to
subdivision (b) of rule 2214, a party may serve upon the moving party a
notice of cross-motion demanding relief, with or without supporting
papers; provided, however, that:
(a) if such notice and any supporting papers are served by mailing, as
provided in paragraph two of subdivision (b) of rule 2103, they shall be
served three days earlier than as prescribed in this rule; and
(b) if served by overnight delivery, as provided in paragraph six of
subdivision (b) of rule 2103, they shall be served one day earlier than
as prescribed in this rule. Relief in the alternative or of several
different types may be demanded; relief need not be responsive to that
demanded by the moving party.
days prior to the time at which the motion is noticed to be heard, or
seven days prior to such time if demand is properly made pursuant to
subdivision (b) of rule 2214, a party may serve upon the moving party a
notice of cross-motion demanding relief, with or without supporting
papers; provided, however, that:
(a) if such notice and any supporting papers are served by mailing, as
provided in paragraph two of subdivision (b) of rule 2103, they shall be
served three days earlier than as prescribed in this rule; and
(b) if served by overnight delivery, as provided in paragraph six of
subdivision (b) of rule 2103, they shall be served one day earlier than
as prescribed in this rule. Relief in the alternative or of several
different types may be demanded; relief need not be responsive to that
demanded by the moving party.