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Can plaintiff ask for additional days to reply to cross-motion, if defendant files cross-motion 7 days before return date?

New York, NY |

The 7 days don't include the return date. How likely is plaintiff's ajournment request granted?

Attorney Answers 2

Posted

First, have you asked your adversary to consent to an adjournment. Second, pretty much every judge will allow one adjournment even if the other side opposses. Third, the service was not the proper amount of time so that is a basis for an adjournment.

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Posted

Thank you for the quick reply! Whom should the plaintiff ask for the adjournment from, the defendant, or the judge, or both? When should the plaintiff ask for adjourment, at the return date, or before the return date? Thank you!

Posted

There are many variables with regard to the number of days required for service of motions. See CPLR 2215 for service of cross motions. You must consider the number of days before the return date that the Original motion was served, whether it required cross motions 7 days before return date and whether the motion is being served by mail, personally, or overnight delivery.

That aside - as was previously stated, most judges will grant at least one adjournment - depending on the nature of the relief being sought.

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