Kitkas v. Windsor Place Corp.

*608“A motion on notice is made when a notice of the motion is served” (CPLR 2211; see Russo v Eveco Dev. Corp. 256 AD2d 566 [1998]; Rivera v Glen Oaks Vil. Owners, Inc., 29 AD3d 560, 561 [2006]). Thus, contrary to the conclusion reached by the Supreme Court, the initial motion for summary judgment made by the second third-party defendant/third third-party defendant Boca Electric Corp. (hereinafter Boca) was timely when it was served on all opposing counsel by mail on December 16, 2005 (see CPLR 2103 [b] [2]; see also Weinstein-Korn-Miller NY Civ Prac ¶ 2211.07). Boca’s subsequent service of an…