Defendant's argument that discovery is required is unavailing, as the alleged factual issues raised by defendant are immaterial. They do not rebut plaintiff's prima facie showing of its entitlement to judgment as a matter of law or demonstrate the need for further inquiry into his defenses or counterclaims.
361 Broadway Assoc. Holdings, LLC v. Morales, NY Slip Op 03806 (1st Dep't June 15, 2021)
