Pursuant to CPLR 1003, "[p]arties may be added at any stage of [an] action by leave of court or by stipulation of all parties who have appeared." CPLR 3025(b) provides that "[a] party may amend [its] pleading . . . at any time by leave of court or by stipulation of all parties." A plaintiff's failure to comply with CPLR 1003 when attempting to add a new defendant is a jurisdictional defect, and an amended complaint that is not filed in accordance with CPLR 1003 and 3025 is a legal nullity.
Braylovskaya v. Skazka Rest., NY Slip Op 04756 (2d Dep't October 2, 2024)
