If it appears from affidavits submitted in opposition to a summary judgment motion that facts essential to justify opposition may exist but cannot then be stated, the court may deny the motion or may order a continuance to permit affidavits to be obtained or disclosure to be had. Here, plaintiff's motion on the issue of liability is denied without prejudice to renewal upon the completion of discovery.
Goldfinger v. Freeland, NY Slip Op 04295 (2d Dep't July 6, 2022)
