CPLR § 2211 Application for order; when motion made
Cruz v New York City Hous. Auth., 2009 NY Slip Op 03687 (App. Div., 2nd, 2009)
"A motion on notice is made when a notice of the motion . . . is served" (CPLR 2211; see Rivera v Glen Oaks Vil. Owners, Inc., 29 AD3d 560; Russo v Eveco Dev. Corp.,
256 AD2d 566). In accordance with this rule, the defendant's motion for
summary judgment was made on June 29, 2007, when the motion was served,
by mail, on the attorney for the plaintiff, and thus was timely (see CPLR 2103[b]; 3212; Rivera v Glen Oaks Vil. Owners, Inc., 29 AD3d 560).