Tuesday, March 28, 2017

Summary judgment and discovery.

Practice point:  The motion will not be defeated when the nonmovant offers only speculation that further discovery may yield evidence that raises a triable issue.

Case:  Stein v. City of New York, NY Slip Op 02131 (1st Dep't March 23, 2017)

Here is the decision.

Tomorrow's issue:  The law of waiver and estoppel.