A party who contends that a summary judgment motion is premature, pursuant to CPLR 3212(f), must demonstrate that discovery might lead to relevant evidence or that the facts essential to justify opposition to the motion were exclusively within the knowledge and control of the movant. Here, the affirmation of the plaintiff's counsel failed to establish either basis. The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is an insufficient basis for denying the motion.
Dalrymple v. Morocho, NY Slip Op 05020 (2d Dep't August 24, 2022)
