Leave to amend a pleading should be freely given absent prejudice to the non-moving party, pursuant to CPLR 3025(b). However, a motion for leave to amend should be denied when the proposed amendments are palpably insufficient as a matter of law or fail to state a cause of action. Here, the proposed amended answer consists of a recitation of the elements of the claim and conclusory allegations based upon information and belief. Motion denied.
Wiener Realty Mgt., LLC v. One Penn Plaza, LLC, NY Slip Op 03094 (1st Dep't May 14, 2026)
