The defendants brought a motion for summary judgment arguing that the plaintiff’s claim was barred by a limitation period.
The court held that the moving parties failed to provide a proper evidentiary record, relying largely on pleadings and correspondence and offering only a legal assistant as affiant.
Applying the principles in Combined Air Mechanical Services Inc. v. Flesch, the court found that a full appreciation of the issues requires substantive affidavit evidence and adequate disclosure, particularly where discoverability may be engaged.
Given the absence of documentary discovery and meaningful evidence from the defendants, the motion was premature.
The motion was adjourned to permit documentary and oral discoveries before the summary judgment motion proceeds.
