In the absence of prejudice or surprise to the opposing party, leave will be freely granted unless the proposed amendment is palpably insufficient or patently devoid of merit, pursuant to CPLR 3025[b]. Lateness alone is not a barrier to the amendment. It must be lateness coupled with significant prejudice to the other side, the very elements of the laches doctrine.
Moran Enters. v. Hurst, NY Slip Op 02321 (2d Dep't April 4, 2018)
Here is the decision.
