A party opposing summary judgment is entitled to obtain further discovery when it appears that facts supporting the opposing party's position may exist but cannot then be stated, pursuant to CPLR 3212[f]. This is especially so where the motion for summary judgment was made prior to the parties conducting depositions.
Kharyshyn v. West End 82, LLC, NY Slip Op 05586 (2d Dep't November 13, 2024)
