Bank of America, N.A. v Discobath Products, Inc.

Holding The Appellate Division affirmed the summary judgment in favor of the bank, finding that the plaintiff established its prima facie entitlement to judgment by submitting an analyst’s affidavit with business records demonstrating the defendants’ default. The court rejected the defendants’ argument that the motion was premature because discovery had not yet occurred, noting that mere speculation about future evidence is insufficient to defeat summary judgment.

The court’s words

The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the motion

2026 NY Slip Op 05377, at the official text

the plaintiff established its prima facie entitlement to judgment as a matter of law by submitting the affidavit of its special assets group analyst

2026 NY Slip Op 05377, at the official text