Second Department Affirms SJ Order as Additional Discovery Deemed Irrelevant to Determining Standing

In MTGLQ Investors, L.P. v. Aileen Tupper et al., the Appellate Division, Second Judicial Department, affirmed the Nassau County Supreme Court’s decision to grant summary judgment in favor of the plaintiff, MTGLQ Investors, L.P.

The defendants appealed an order which granted summary judgment, struck their answer, and appointed a referee to compute the amount due. They contended that further discovery was necessary to challenge the plaintiff’s standing. However, the court found the defendants’ arguments unpersuasive, concluding that they did not demonstrate that additional discovery would yield relevant evidence or that essential facts were solely within the plaintiff’s knowledge and control. The defendants’ additional claims regarding the Truth in Lending Act were dismissed as they were raised for the first time on appeal and thus not considered.

Partner Zachary Gold and attorney Ronald Labeck represented the plaintiff-respondent.