Pursuant to CPLR 3025(b), leave to amend a pleading should be freely given, provided that the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not patently devoid of merit.
Bank of N.Y. v. C & L Interiors, Inc., NY Slip Op 00253 (2d Dep't January 16, 2019)
Here is the decision.