“For every motion there is a cross motion.”
Caution: An untimely cross motion may be denied, even if meritorious.
CPLR 3212(a), as amended at the Court systems request in 1996, provides with respect to summary judgment motions that:
If no [date for the making of such a motion] is set by the court, such motion shall be made no later than one hundred and twenty days after the filing of the note of issue, except with leave of court on good cause shown.
And CPLR 2215 provides that:
At least three days prior to the time at which [a summary judgment motion] is noticed to be heard, or seven days prior to such time if demand is properly made pursuant to [CPLR 2214(b), a party may serve upon the moving party a notice of cross-motion demanding relief, with or without supporting papers[.]
The two CPLR sections collide when summary judgment is sought by way of cross-motion.