It is well settled that leave to amend shall be freely given absent prejudice or surprise, pursuant to CPLR 3025[b]. A movant need not establish the merit of its proposed new allegations, but must simply show that the proffered amendment is not palpably insufficient or clearly devoid of merit.
Peck v. Milbank LLP, NY Slip Op 00322 (1st Dep't January 27, 2026)