The Appellate Division rejects plaintiff's argument that defendants' motion for summary judgment before discovery is premature. The record shows that the facts concerning plaintiff's dealings with defendants are within plaintiff's knowledge. Therefore, plaintiff does not establish that "facts essential to justify opposition may exist but cannot then be stated," as required for a motion brought under CPLR 3212[f].
Alpine Custom Floors, Inc. v. Yurcisin, NY Slip Op 05655 (1st Dep't October 11, 2022)
