United States · New York civil procedure
When must a New York cross-motion be personally served?
CPLR 2215 ordinarily requires personal service of cross-motion notice at least three days before return. A qualified demand changes the base to seven days.
- Period
- 3 calendar days backward
- Trigger
- Actual motion return date without a qualifying CPLR 2214(b) demand
- Rule
- CPLR 2215
Current official section, website revision from 2014-09-22, reviewed. The revision label is not an inferred effective date.
Free calculator · No account needed
Calculate your deadline
Loading calculator…
What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Which event starts the CPLR 2215 period?
Read the original notice and establish whether a sixteen-day demand properly invokes the seven-day branch. This preset selects the no-qualified-demand branch.
Identify the actual cross-motion service method. The ordinary three-day personal-service base is not the mailing or overnight target.
Responsible actor. The party seeking its own relief by cross-motion. Three-day personal-service cross-motion base only, no qualifying sixteen-day demand, actual open-day return date and no different order. Mail and overnight targets are not calculated.
CPLR 2215How is this return-based requirement counted?
- Read the original notice and establish whether a sixteen-day demand properly invokes the seven-day branch. This preset selects the no-qualified-demand branch.
- Identify the actual cross-motion service method. The ordinary three-day personal-service base is not the mailing or overnight target.
- Exclude the actual return day and count 3 calendar days backward. Intermediate weekends and public holidays remain in the count. General Construction Law 25-a permits the next succeeding business day for a closed final statutory day.
- Serve notice of cross-motion demanding the relief, with supporting papers if any, and complete required court furnishing and filing. Mere opposition does not automatically request affirmative relief.
General Construction Law 20 excludes the event day. Its closed-intervening-day exception applies to an exact two-day period, not to a one-day period. Intermediate weekends and public holidays count in other calendar-day periods. Section 25-a expressly includes statutory periods before which an act is due and permits the next succeeding business day for a closed final day. Rollover can place a backward boundary on the return date; preserve the stated hour and actual court directions. Roberts, a separately identified uncorrected Supreme Court decision concerning opposition to a cross-motion, applied section 25-a to a Sunday boundary before a Monday return. It is corroboration of that final-day treatment, not a different universal briefing rule.
The independently derived 2026 and 2027 calendar follows General Construction Law 24 and Election Law 8-100. It includes Lincoln’s Birthday, Flag Day on the second Sunday in June, Juneteenth, general election day and the other specified holidays. Section 24 adds the next day when a listed holiday falls on Sunday, except Flag Day. A Saturday holiday is not automatically observed on Friday under this provision. Additional appointed holidays and actual court or system closures require separate proof.
These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. Backward presets require an actual open-day return date. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.
General Construction Law 20, calendar days and exact two-day exceptionWhat does the independently derived example establish?
Fictitious example
Three-day personal-service cross-motion base only, no qualifying sixteen-day demand, actual open-day return date and no different order. Mail and overnight targets are not calculated. Fictitious established event on the input date. Three-day personal-service cross-motion base only, no qualifying sixteen-day demand, actual open-day return date and no different order. Mail and overnight targets are not calculated.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Actual motion return date without a qualifying CPLR 2214(b) demand | September 17, 2026 |
| Disclosed statutory component | 3 calendar days backward | Monday, September 14, 2026 |
Fictitious established facts. The result does not prove valid service, the required exception, actual filing, preserved jurisdiction or a granted court extension. The applicable hour and actual court directions remain separate checks.
Try these dates in the calculatorWhich facts change this procedural requirement?
- Qualified demand
- A demand properly made under CPLR 2214(b) changes the cross-motion base to seven days. Use the linked qualified-demand question.
- Mail service
- CPLR 2215(a) requires three days earlier service than the applicable base. It does not use the ordinary five-day CPLR 2103 forward response addition.
- Overnight delivery
- CPLR 2215(b) requires one day earlier service than the base. That express backward requirement is separate from the one-business-day response addition in CPLR 2103.
- Relief and supporting papers
- The cross-motion can demand alternative or several forms of relief, and relief need not respond to the original motion. Preserve actual notice and any supporting papers.
- Edition and calendar coverage
- These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. Backward presets require an actual open-day return date. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.
- Three-day personal-service cross-motion base only, no qualifying sixteen-day demand, actual open-day return date and no different order. Mail and overnight targets are not calculated.
- The selected date supplies only the disclosed statutory branch. It does not validate the facts or authorize an unmodeled alternative.
Which documents, completed acts and proof should be retained?
Questions about CPLR 2215
When must a New York cross-motion be personally served?
Is the cross-motion base always three days?
No. A properly made CPLR 2214(b) demand changes it to seven days.
CPLR 2215Do I add five days when mailing cross-motion papers?
No. CPLR 2215(a) specifically requires three days earlier than its applicable base. This preset does not calculate that method branch.
CPLR 2215(a)Must cross-motion relief exactly mirror the moving party’s request?
No. CPLR 2215 states that cross-motion relief need not be responsive to the original relief.
CPLR 2215Official New York procedural, counting and filing sources
Provisions used (9)
| Provision | Purpose |
|---|---|
| CPLR 2215 | The particular actor, event, period and required act |
| General Construction Law 20, calendar days and exact two-day exception | The individually identified statutory, judicial, counting, service or filing qualification |
| General Construction Law 24, public holidays | The individually identified statutory, judicial, counting, service or filing qualification |
| General Construction Law 25-a, next succeeding business day | The individually identified statutory, judicial, counting, service or filing qualification |
| Election Law 8-100(1)(c), general election day | The individually identified statutory, judicial, counting, service or filing qualification |
| CPLR 2103, valid service and specified response additions | The individually identified statutory, judicial, counting, service or filing qualification |
| CPLR 2211, when a noticed motion is made | The individually identified statutory, judicial, counting, service or filing qualification |
| 22 NYCRR 202.5-b(d), (f), (h), (i) | The individually identified statutory, judicial, counting, service or filing qualification |
| Roberts v New York City Police Dept., 2022 NY Slip Op 33761(U), at 4 | Identified trial-court application of statutory closed final-day treatment; not a universal briefing order |