Premature summary judgment motions.

Practice point: To establish that the plaintiff's motion was premature, the defendant must demonstrate that additional discovery might lead to relevant evidence, or that facts essential to justify opposition to the motion are exclusively within the plaintiff’s knowledge and control.

Student note: The mere hope or speculation that evidence sufficient to defeat the motion may be uncovered during the discovery process is insufficient.

Case: Arazashvilli v. Executive Mgt. Corp., NY Slip Op 09074 (2d Dept. 2011).

Here is the decision.

Tomorrow’s issue: Breach of fiduciary duty.