A motion for substitution must be made within a reasonable time. In deciding the reasonability of the timing, a court will consider the diligence of the party seeking substitution, the prejudice to the other parties, and whether the party to be substituted has shown that the action or the defense has potential merit.
Petion v. New York City Health & Hosps. Corp., NY Slip Op 06107 (2d Dep't August 7, 2019)
Here is the decision.
