CPLR R. 3212(f)

CPLR R. 3212(f) Facts unavailable to opposing party

Trombetta v Cathone, 2009 NY Slip Op 01106 (App. Div., 2nd, 2009)

In this case, the plaintiffs established their prima facie entitlement
to judgment as a matter of law on the issue of liability by tendering
an affidavit from the plaintiff driver Dana Trombetta, in which she
stated that she completely stopped at a stop sign while waiting for a
crossing guard who was directing pedestrians to cross the street, when
she was struck in the rear by the defendant's vehicle. The defendant's
opposition consisted solely of an affirmation of counsel and,
therefore, was insufficient to rebut the plaintiffs' prima facie
showing. Defense counsel's claim that further discovery was required (see
CPLR 3212[f]) is unavailing since the defendant failed to put forth
some evidentiary basis to suggest that discovery might lead to relevant
(see Ruttura & Sons Constr. Co. v Petrocelli Constr., 257 AD2d 614, 615).

The bold is mine.  And here's a question:  What's the difference between "some evidentiary basis" and "evidence in admissible form"?

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