Wednesday, December 28, 2016

CPLR 3212(f).

Practice point:  The statute permits a court to deny a motion for summary judgment where it appears that the facts essential to oppose the motion exist but cannot then be stated. This is especially so where the opposing party has not had a reasonable opportunity for disclosure.

Case:  Brielmeier v. Leal, NY Slip Op 08344 (2d Dep't December 14, 2016)

Here is the decision.

Tomorrow's issue: A defendant's summary judgment motion in a trip-and-fall action.