Thanks to the New York Personal Injury Blog, authored by Eric Turkewitz, for the heads up as to the recent changes to the CPLR as to motions. Effective 7/3/07
And more thanks to Nicole Black, author of Sui Generis, for making clear exactly what those changes are so I don’t have to (the following is copied directly from Sui Generis):
The relevant changes are set forth below, with the proposed language in blue and
the old language in [brackets]:2214(b)…Answering affidavits and any notice of cross-motion, with supporting papers, if any, shall be served at least seven days before such time if a notice of motion served at least [twelve] sixteen days before such time so demands; whereupon any reply or responding affidavits shall be served at least one day before such time.
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…