A party may amend a pleading at any time by leave of court. The application to amend is within the sound discretion of the court, and it should be granted if the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not patently devoid of merit.
Flagstar Bank, FSB v. Davis, NY Slip Op 08655 (2d Dep't December 4, 2019)
Here is the decision.
