Practice point: Determination of a summary judgment motion may be delayed to allow for further discovery where evidence necessary to oppose the motion is unavailable, pursuant to CPLR 3212(f).
Students should note that the delay requires a showing that discovery may lead to relevant evidence.
Case: Anne Koplick Designs, Inc. v. Lite, NY Slip OP 06356 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
