CPLR R. 3212 Motion for summary judgment
CPLR R. 3212(f) Facts unavailable to opposing party
Barrios v Boston Props. LLC, 2008 NY Slip Op 07579 (App. Div., 1st)
That part of the motion that sought dismissal of the Labor Law § 200
claim was premature, since, as a result of the failure of all
defendants to engage in discovery, the identity of the defendant that
supervised and controlled the freight elevator into which plaintiff was
loading door bucks was within defendants' exclusive knowledge (see CPLR 3212[f]).1
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1. CPLR 3212(f):
Facts unavailable to opposing party.
Should it appear from affidavits submitted in opposition to the motion
that facts essential to justify opposition may exist but cannot then be
stated, the court may deny the motion or may order a continuance to
permit affidavits to be obtained or disclosure to be had and may make
such other order as may be just.
The footnote and the bold are mine. Sometimes having the section in front of you can make a decision easier to understand or make the section's application clear.
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