While a party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment. a party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or that the facts necessary to oppose the motion are exclusively within the knowledge and control of the movant, pursuant to CPLR 3212[f]. The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the motion.
Romano v. Welsbach Elec. Corp., NY Slip Op 00809 (2d Dep't February 11, 2026)
