Motions pursuant to CPLR 3025(b) for leave to amend a pleading are addressed to the sound discretion of the court. Leave should be granted where the amendment is neither palpably insufficient nor patently devoid of merit, and any claimed delay in seeking the amendment does not prejudice or surprise the opposing party. However, when leave is sought on the eve of trial, judicial discretion should be exercised sparingly. In exercising its discretion, the court should consider how long the amending party was aware of the facts upon which the motion is predicated, whether a reasonable excuse for the delay is offered, and whether any prejudice results therefrom.
Rice-Tamsen v. Tamsen, NY Slip Op 01110 (2d Dep't March 1, 2023)
