Generally, in the absence of prejudice or surprise, leave to amend a bill of particulars should be freely granted unless the proposed amendment is palpably insufficient or patently devoid of merit. However, once discovery is completed and the case has been certified as ready for trial, a party will not be permitted to amend except upon a showing of special and extraordinary circumstances. Leave may properly be granted, even after the note of issue has been filed, where the plaintiff makes a showing of merit, and the amendment involves no new factual allegations, raises no new theories of liability, and causes no prejudice to the defendant. In exercising its discretion, the court should consider how long the party seeking the amendment was aware of the facts upon which the motion is predicated, whether there is a reasonable excuse for the delay, and whether there is any resulting prejudice.
Achee v. Merrick Vil., Inc., NY Slip Op 04888 (2d Dep't August 10, 2022)
