Leave to amend a pleading is freely given in the absence of prejudice or surprise to the opposing party, pursuant to CPLR 3025[b]. However, the motion will be denied where the proposed amendment is palpably insufficient or patently devoid of merit. Here, the plaintiffs' motion for leave to amend the complaint to add a claim for punitive damages is denied. The allegations are palpably insufficient to demonstrate that the defendant's conduct evinced a high degree of moral culpability or constituted willful or wanton negligence or recklessness.
Buccigrossi v. Glatman, NY Slip Op 01174 (2d Dep't March 8, 2023)
