Practice point: Pursuant to CPLR 3025(b), leave to amend a pleading will be granted when there is no significant prejudice or surprise to the opposing party, and where the evidence submitted in support of the motion for leave demonstrates that the proposed amendment may have merit.
Student note: The movant must submit the proposed amendment, and, in order to deny the motion, the amendment's insufficiency must be clear and free from doubt.
Case: Assevero v. Hamilton & Church Props., LLC, NY Slip Op 07103 (2d Dep't October 11, 2017)
Here is the decision.
