May 2, 2011

Summary judgment.

Practice point:  The opponent is entitled to further discovery when it appears that facts supporting the opposition may exist but cannot yet be stated.

Students should note that this is especially so when there was not a reasonable opportunity for disclosure prior to the making of the motion.

Nicholson v. Bader, NY Slip Op 03041 (2d Dept. 2011).


Tomorrow's issue is tort liability.