A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment. The party opposing summary judgment is entitled to obtain further discovery when it appears that there may be facts supporting the opposing party's position but those cannot then be stated. A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or the facts essential to justify opposition to the motion were exclusively within the knowledge and control of the movant.
Zihui Lin v. Cheng Liu, NY Slip Op 00403 (2d Dep't January 28, 2026)
