May 25, 2011

Summary judgment.

Practice point: To establish that the motion is premature, defendant must offer an evidentiary basis to show that discovery may lead to relevant evidence, and that the facts essential to opposing the motion are exclusively within plaintiff's knowledge and control.

Students should note that mere hope or speculation that such evidence will be uncovered by further discovery is an insufficient basis.

Martinez v. Kreychmar, NY Slip Op 04214 (2d Dept. 2011).


Tomorrow's issue is medical malpractice.