Paul Tausig & Son, Inc. v. Providence Washington Insurance

The defendant in this action, on a fidelity bond, resists summary judgment. The basic ground for such resistance is that the facts are exclusively within the knowledge of plaintiff and, in such circumstances the courts do not grant summary judgment. (Franklin Nat. Bank of Long Is. v. De Giacomo, 20 A D 2d 797.)

However, that is not to say that summary judgment will not be granted where the defendant makes no reasonable attempt to ascertain the facts, refuses to look for what can be seen and closes its eyes to what is evident. (Overseas Reliance Tours & Travel Serv. v. Sarne Co., 17 A D 2d 578.)