Leave to amend a pleading should be freely given absent prejudice or surprise, and the court should not examine the merits or legal sufficiency of the proposed amendment unless it is palpably insufficient or patently devoid of merit on its face. The burden of demonstrating prejudice or surprise, or that a proposed amendment is palpably insufficient or patently devoid of merit, is on the nonmoving party.
HSBC Bank USA, N.A. v. Lien Thi Ngo, Slip Op 04909 (2d Dep't September 1, 2021)
Tomorrow's issue: Contract law and tort liability.
