Leave will be granted where the amendment shifts a claim from a party without standing to another party who could have asserted the claim in the first instance, as the defendants had prior knowledge of the claim and an opportunity to prepare a proper defense. It does not matter that the applicable statute of limitations had expired by the time the plaintiff moved to amend, since the original complaint was timely filed and gave the defendants notice of the transactions and occurrences pleaded in the amended complaint, pursuant to CPLR 203[f].
D'Angelo v. Kujawski, NY Slip Op 05750 (2d Dep't August 15, 2018)
Here is the decision.
