On July 16, 2025, the Second Department issued a decision in Queens Syndicate Co. v. Daniarov, 2025 NY Slip Op. 04196, holding that the mere possibility that discovery could disclose favorable evidence is an insufficient basis to oppose a motion for summary judgment, explaining:
The defendant’s contention that an award of summary judgment was premature because of outstanding disclosure is without merit, because he failed to demonstrate that discovery might lead to relevant evidence or that the facts essential to justify opposition to the motion were exclusively within the knowledge and control of the movant. The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the motion.
(Internal quotations and citations omitted).