Friday, September 19, 2014

A late motion for leave to amend.

Practice point:  Although the plaintiff delayed in making the motion for leave to amend, mere lateness is not a barrier to the amendment; lateness is only a barrier if it is coupled with significant prejudice to the other side.

Student note:  Leave to amend a pleading is freely given absent prejudice or surprise to the opposing party, unless the proposed amendment is palpably insufficient or patently devoid of merit.

Case:  Ciminello v. Sullivan, NY Slip Op 06048 (2d Dept. 2014)

Here is the decision.

Monday's issue: An alleged abandonment of a claim for the award of attorney's fees.