The Appellate Division rejected defendant's argument that summary judgment was premature on the ground that additional discovery was necessary. The action was commenced in 2017, and defendant did not move to strike the note of issue that was filed in 2019. Discovery is closed, and, in any event, the record supports plaintiff's assertion that defendant was afforded every opportunity to engage in meaningful discovery, but chose not to do so.
Signature Fin. LLC v. Garber, NY Slip Op 06784 (1st Dep't December 2, 2021)
