In the complaint, the plaintiff inadvertently alleged that the accident involved a slip and fall in the parking lot instead of on the sidewalk in front of the premises. When the defendant moved to dismiss on the basis of the error, the plaintiff sought leave to amend. Leave was granted absent any prejudice to the defendant resulting from the pleading mistake. The motion papers included the proposed pleading and sufficiently specified the changes to be made, and the proposed amendment was clearly not patently insufficient or devoid of merit.
Yu Tian Li v. Louie & Chan Rest., NY Slip Op 01529 (1st Dep't March 5, 2019)
Here is the decision.
