Pursuant to CPLR 3025(b), defendants may amend their answer to include a new defense "at any time by leave of court or by stipulation of all parties." The determination to permit or deny an amendment is committed to the sound discretion of the trial court. Leave should be granted where the amendment is neither palpably insufficient nor patently devoid of merit, and any delay in moving to amend does not prejudice or surprise the opposing party.
Siddiqui v. Smith, NY Slip Op 04660 (2d Dep't July 20, 2022)
