On December 8, 2022, the First Department issued a decision in Harman Agency, Inc. v. Wilhelmina Licensing LLC, 2022 NY Slip Op. 06998, affirming a grant of summary judgment made on a motion brought before discovery had begun, explaining:
Contrary to plaintiffs’ contention that the motion was premature, a motion for summary judgment may be brought any time after issue has been joined, even before discovery has been taken. Plaintiffs failed to demonstrate that discovery might lead to relevant evidence or that any facts essential to justify opposition to the motion were exclusively within the knowledge and control of defendants.
(Internal quotations and citations omitted).