Ordinarily, a party who seeks affirmative relief should file a formal notice of motion or cross-motion, pursuant to CPLR 2215. However, courts have the discretion, in the interest of justice, to entertain a request for affirmative relief that is made in the opposition papers to a motion.
Trevino v. Pray, NY Slip Op 03426 (1st Dep't June 22, 2023)
