Practice point: Although the plaintiff delayed in making the motion for leave to amend,
mere lateness is not a barrier to the amendment; lateness is only a barrier if it is coupled with significant prejudice to the other side.
Student note: Leave to amend a pleading is freely given absent prejudice or
surprise to the opposing party, unless the proposed amendment is
palpably insufficient or patently devoid of merit.
Case: Ciminello v. Sullivan, NY Slip Op 06048 (2d Dept. 2014)
Here is the decision.
Monday's issue: An alleged abandonment of a claim for the award of attorney's fees.
