Practice point: A defendant’s purported need to conduct discovery does not warrant denial of plaintiff’s summary judgment motion when defendant already has personal knowledge of the relevant facts.
Practitioners should note that the mere hope or speculation that, during the discovery process, evidence sufficient to defeat the motion may be uncovered is insufficient to deny the motion.
Case: Corwin v. Heart Share Human Servs. of N.Y., NY Slip Op 07575 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Contracts.
