June 14, 2023

A premature motion for summary judgment.

The court denies the pre-discovery motion as premature based on plaintiff's showing that facts essential to justify opposition to defendant's motion may lie within defendant's exclusive knowledge or control, pursuant to CPLR 3212[f].

North Flatts LLC v. Belkin Burden Goldman, LLP, NY Slip Op 02954 (1st Dep't June 1, 2023)

Here is the decision.