CPLR 3212(f)

CPLR 3212(f)

Castagna v Almaghrabi, 2014 NY Slip Op 00474 [2nd Dept. 2014]

"CPLR 3212(f) permits a court to deny a motion for summary judgment where it appears that the facts essential to oppose the motion exist but cannot then be stated'" (Wesolowski v St. Francis Hosp., 108 AD3d 525, 526, quoting CPLR 3212[f]), especially where, as here, the plaintiff has not had a reasonable opportunity to conduct discovery, and has no personal knowledge of the relevant facts (see Wesolowski v St. Francis Hosp., 108 AD3d at 526; Jones v American Commerce Ins. Co., 92 AD3d 844, 845). Under the circumstances of this case, the motion for summary judgment should have been denied, with leave to renew after the completion of discovery.

Bold is mine.

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