In the absence of prejudice or surprise resulting directly from the delay in seeking leave, an application to amend or supplement a pleading is to be freely granted unless the proposed amendment is palpably insufficient or patently devoid of merit. Where the standard is met, no evidentiary showing of merit is required in a motion to amend the complaint under CPLR 3025(b). The determination to permit or deny amendment is committed to the sound discretion of the trial court.
Clarke v. Acadia-Washington Sq. Tower 2, LLC, NY Slip Op 06469 (2d Dep't September 11, 2019)
Here is the decision.
