On February 9, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in PS Funding, Inc. v. 863 E. 12th Holdings LLC, 2022 NY Slip Op. 30559(U), holding that an early motion for summary judgment cannot be defeated as being premature unless the non-movant can point to relevant evidence further discovery might reveal, explaining:
The defendants’ concern with the alleged prematurity of the plaintiff’s motion is meritless. A party who seeks a finding that a summary judgment motion is premature is required to put forth some evidentiary basis to suggest 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. Here, the defendants have failed to satisfy their burden.
(Internal quotations and citations omitted).