Practice point: Pursuant to CPLR 3212(f), a court may deny a motion for summary judgment if it appears from affidavits submitted in opposition that facts essential to justify opposition may exist but cannot then be stated, especially when the opposing party has not had a reasonable opportunity for disclosure.
Student note: If the defendant has no personal knowledge of the relevant facts, it should be afforded the opportunity to conduct discovery, including deposition of the plaintiff.
Case: Jones v. American Commerce Ins. Co., NY Slip Op 01435 (2d Dept. 2012).
Here is the decision.
Tomorrow’s issue: Demands for a complaint.
