Laches may prove fatal to opposing a summary judgment motion based upon CPLR 3212 (f)October 30, 2009

Stoian v. Reed, 2009 NY Slip Op 07713 (3d Dept. 2009)

“We also reject plaintiffs’ assertion that Supreme Court abused its discretion in failing to grant them additional time with which to conduct discovery. Although the court had the discretion to permit further discovery if it found that “facts essential to justify opposition [to a motion for summary judgment] may exist but cannot then be stated” (CPLR 3212 [f])…

“[g]iven the fact that plaintiffs provide no reasonable excuse for delaying their request for additional discovery for over two years following depositions and, indeed, nearly six years after commencing this action, we find no abuse of discretion in Supreme Court’s decision to deny plaintiffs’ request (see Dalaba v City of Schenectady, 61 AD3d 1151, 1153 [2009]).”