Leave to amend a pleading should be freely granted, in the absence of prejudice or surprise to the opposing party, and unless the proposed amendment is palpably insufficient or patently devoid of merit. The determination whether to grant leave is within the Supreme Court's broad discretion, and the exercise of that discretion will not be lightly disturbed on appeal.
Wells Fargo Bank, N.A. v. Confino, NY Slip Op 06081 (2d Dep't August 7, 2019)
Here is the decision.