Pursuant to the statute, leave to amend a pleading "shall be freely given." The motion should be granted where the amendment is neither palpably insufficient nor patently devoid of merit, and the delay in seeking amendment does not prejudice or surprise the opposing party.
Bargil Assoc., LLC v. Crites, NY Slip Op 04902 (2d Dep't June 19, 2019)
Here is the decision.
