On April 30, 2025, the Second Department issued a decision in Happy 8 Realty Corp. v. Great World Realty, LLC, 2025 NY Slip Op. 02575, holding that a defendant should not have been granted summary judgment before discovery was complete, explaining:
A party opposing summary judgment is entitled to obtain further discovery when it appears that facts supporting the opposing party’s position may exist but cannot then be stated. This is especially so where the opposing party has not had a reasonable opportunity for disclosure prior to the making of the motion. Here, the defendants’ motion for summary judgment dismissing the complaint insofar as asserted against them was made shortly after the parties entered into the so-ordered stipulation and before any of the depositions listed in that stipulation had been held. Moreover, the plaintiff sufficiently demonstrated that further discovery might lead to relevant evidence pertaining to the sale of the property.
(Internal quotations and citations omitted).