In a tribute to the CPLR blog, and DG’s CPLR R. 3212(f) quest, vendetta or obsession (you pick the appropriate one), here is another case where the Appellate Division held that the absence of discovery could not save a litigant from the sword of a summary judgment motion. The common denominator of this and ever 3212 (f) case involves whether the non-moving party has sufficient knowledge of the events so as to provide an affidavit explaining his or her position. If the non-moving party is alleging not to have sufficient information to properly oppose the summary judgment motion, then that non-moving party better explain with great specificity why he or she does not have enough information to oppose the said motion, lest he or she wants to succumb to the same.
