While a motion for leave to amend should not be granted if the nonmoving party would be prejudiced by the delay, the need for additional discovery does not constitute prejudice sufficient to justify denial of an amendment. Here, the parties do not dispute that depositions have not taken place and discovery is not otherwise complete, and the motion is granted.
322 W. 47th Street HDFC v. Tibaldeo, NY Slip Op 04199 (1st Dep't July 6, 2021)
