May 13, 2024

Summary judgment.

Plaintiff argues that the motion for summary judgment is premature, but plaintiff has not shown that additional discovery is necessary The mere hope that evidence sufficient to defeat a motion for summary judgment may be uncovered during discovery is insufficient to deny the motion. 

The motion is granted, and the complaint is dismissed as against defendant.

Loja v. 133 Lincoln LLC, NY Slip Op 02504 (1st Dep't May 7, 2024)

Here is the decision.