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JAG MOHAN KALRA, Appellant, v. NEW YORK LIFE INSURANCE COMPANY et al., Respondents.

Ordered that the order and judgment is affirmed, with one bill of costs.

Under the circumstances of this case, the Supreme Court properly granted the defendants' motion for summary judgment since the plaintiff failed to present proof of any material questions of fact which would preclude such relief ( see, Zuckerman v. City of New York, 49 N.Y.2d 557). Moreover, the plaintiff has failed to demonstrate how further discovery might reveal the existence of material facts, currently within the exclusive knowledge and control of the defendants, which would warrant the denial of summary judgment ( see, CPLR 3212 [f]; Delaney v Good Samaritan Hosp., 204 A.D.2d 678).

Rosenblatt, J. P., Miller, Ritter and Krausman, JJ., concur.

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KALRA v. NEW YORK LIFE INSURANCE COMPANY
(Nov 10, 1997)