November 15, 2018

Discovery and the timing of a summary judgment motion.

Practice point:  There should be a reasonable opportunity to conduct discovery prior to the determination of a summary judgment motion, pursuant to CPLR 3212(f), where further discovery might lead to relevant evidence.

Haxhijaj v. Ferrer, NY Slip Op 07416 (2d Dep't November 7, 2018)

Here is the decision.