Practice point: The determination of whether to grant leave to amend a pleading is within the court's discretion, and the exercise of that discretion will not be lightly disturbed.
Student note: Leave to amend an answer to assert an affirmative defense should generally be granted where the proposed amendment is neither palpably insufficient nor patently devoid of merit, and there is no evidence that it would prejudice or surprise the opposing party.
Case: Giuffre v. DiLeo, NY Slip Op 08903 (2d Dept. 2011).
Here is the decision.
Tomorrow’s issue: Premature summary judgment motions.
