MOTION PRACTICE - CROSS MOTION REQUIREMENTS

Abizadeh v Abizadeh, 2018 NY Slip Op 01892, Decided on March 21, 2018, Appellate Division, Second Department:

"CPLR 2214(a) provides that 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" (see Shields v Carbone, 99 AD3d 1100, 1102; Matter of Blauman-Spindler v Blauman, 68 AD3d 1105, 1106; HCE Assoc. v 3000 Watermill Lane Realty Corp., 173 AD2d 774). Here, the Supreme Court providently exercised its discretion in denying the plaintiff's cross motion on the ground that the plaintiff's notice of cross motion was deficient (see CPLR 2214[a]; 2215). The plaintiff's notice of cross motion failed to sufficiently specify the relief sought, against whom it was sought, and the grounds therefor (see CPLR 2214[a]). Although the plaintiff's supporting papers supplied the missing information, a court is not required to comb through a litigant's papers to find information that is required to be set forth in the notice of motion (see Jud. Conf. and Chief Admin. of the Cts. of the State of N.Y., Rep. to the 1980 Legis. in Relat. to Civ. Pract. in the Cts., Rep. of Chief Admin., at 137; see generally Fried v Jacob Holding, Inc., 110 AD3d 56, 61-62)."