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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)

Citation
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Parent Document
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Jurisdiction
New York (state)
Effective Date
2010-10-28

Other Sections in This Document (44)

Full Text

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Finally, the absence of discovery should not bar summary judgment in favor of the defendants. A reversal of summary judgment would be appropriate only if the plaintiff can show that additional discovery will lead to relevant evidence. (Auerbach v Bennett, 47 NY2d 619, 636 [1979]; Arpi v New York City Tr. Auth., 42 AD3d 478, 479 [2d Dept 2007].) Plaintiffs mere hope of locating additional evidence does not establish a basis for reversal of summary judgment; rather there must be an actual likelihood. (See Neryaev v Solon, 6 AD3d 510 [2d Dept 2004].)