CourtAlert - Tip of the Week
CPLR 2214 & 3017 Review and New York State Emergency Applications Contact Number

As you know a number of clerks ask us throughout the year to mention some items that are being overlooked at times, but there are two we feel should be an annual reminder that deals with CPLR sections 2214 and 3017.  

CPLR 2214

According to the clerks there appears to be no issue with demanding answering papers seven days before the return date for motions that provide enough notice. However, there still seems to be a number of motions being made that fail to demand cross motions being served seven days before the return date. The issue comes up when the moving party makes an issue when they are served three days before the return date, but have to be reminded that the cross motion demand has to be stated in the motion.  We would like to provide the 2214 section below along with the cross motion section that also mentions the moving party having to demand cross motions seven days before the return date.

CPLR 2214

Rule 2214. Motion papers; service; time
(a) Notice of motion. A notice of motion shall specify the time and place of the hearing on the motion, the supporting papers upon which the motion is based, the relief demanded and the grounds therefor. Relief in the alternative or of several different types may be demanded.
(b) Time for service of notice and affidavits. A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time. 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 sixteen days before such time so demands; whereupon any reply or responding affidavits shall be served at least one day before such time.

CPLR 2215

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.

CPLR 3017

We did a review of CPLR 3017 last year and we would like to provide it one more time since it appears to be an issue at some firms.

Rule 3017 Demand for relief.

(a) Generally. Except as otherwise provided in subdivision (c) of this section, every complaint, counterclaim, cross-claim, interpleader complaint, and third-party complaint shall contain a demand for the relief to which the pleader deems himself entitled. Relief in the alternative or of several different types may be demanded. Except as provided in section 3215, the court may grant any type of relief within its jurisdiction appropriate to the proof whether or not demanded, imposing such terms as may be just.

Please also note that additional relief can be awarded as mentioned above, but it will not exceed the amount or differ in type from that demanded in the complaint or stated in the notice served pursuant to subdivision (b) of CPLR 305. We would also like to provide a number of decisions that would be helpful if the issue presents itself.

Humphreys v. Universal Bonding: details
Persaud v. New York Presbyterian: details
Mamakos v. New York Presbyterian: details
Rosen, Lana v. Goldhaber: details

Emergency Applications Reminder

We hope all of you find no need to require a judge while the court is closed during the upcoming holidays, but we would like to take this opportunity to remind you what to do if the need arises. For Emergency applications in Supreme Court civil cases outside of regular court hours, call: (800) 430-8457, or email: emergency@nycourts.gov

CourtAlert for Pacer is Enhanced Further

Earlier this week CourtAlert announced a new alert, CourtAlert 502, as an enhancement to CourtAlert for Pacer. CourtAlert for Pacer notifies you of new dockets for cases on your watchlist. This popular service is used to monitor cases of interest without being listed on the public ECF record. The service is available for every Federal Case - US District, Bankruptcy, Multi-District and Circuit.

Sometimes a number of cases are watched for the same purposes; for example, monitoring a specific client, party or legal issue. Instead of receiving individual CourtAlert 501 alerts for each case, users can now receive one consolidated alert with all the new dockets grouped by client/matter number. The consolidated alert is the new CourtAlert 502.  

For the cases you select to be grouped together, the system will produce a consolidated alert for each client/matter (For example, daily watch produces consolidated alerts at 5:00PM.)

There is no additional charge for this service. Please email Support@CourtAlert.com a list of the cases on your watch list you want consolidated.

We are Committed to Remain the Best!

Thanks,

Izzy Schiller, President
CourtAlert