Practice point: A motion for leave to amend a pleading may be made at any time, and leave shall be freely given upon such terms as may be just, pursuant to the express terms of CPLR 3025[b]. Absent prejudice or surprise resulting from a delay in making the motion, leave will be granted unless the proposed amendment is patently without merit or palpably improper. The decision to grant or deny the motion is let to the sound discretion of the trial court, and its determination will not lightly be put aside.
Case: Cullen v. Torsiello, NY Slip Op 08654 (2d Dep't December 13, 2017)
Here is the decision.
