Opinion
July 2, 1990
Appeal from the Supreme Court, Suffolk County (McCarthy, J.).
Ordered that the judgment is affirmed, with costs.
Although a motion for summary judgment may be denied upon a showing by the opposing party that evidence needed to oppose the motion is exclusively in possession of the movant (see, CPLR 3212 [f]), such a showing must be based upon something more than suspicion or speculation (see, Denkensohn v. Davenport, 130 A.D.2d 860). The opposition submitted by the defendant, consisting only of his attorney's affirmation, represents merely that which he suspects he might find if permitted to complete discovery, without any concomitant evidentiary support for that suspicion. The plaintiffs established their entitlement to judgment in their favor, and therefore the court properly granted their motion for summary judgment. Brown, J.P., Lawrence, Kooper and O'Brien, JJ., concur.