Absent 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. The party opposing the motion has the burden of demonstrating prejudice or surprise, or that the proposed amendment is palpably insufficient or patently devoid of merit.
Oppedisano v. D'Agistino, NY Slip Op 04223 (2d Dep't July 7, 2021)
Tomorrow's issue: Contract law and lost profits.
