Thursday, October 1, 2015

Leave to amend, pursuant to CPLR 3012(b).

Practice point:  A party seeking leave to amend a pleading need not make an evidentiary showing of merit, and leave will be granted unless such insufficiency or lack of merit is clear and free from doubt.

Student note:  Leave to amend or supplement a pleading is to be "freely given," pursuant to the express terms of the statute.  In the absence of prejudice or surprise resulting directly from the delay in seeking leave, such applications are to be freely granted unless the proposed amendment is palpably insufficient or patently devoid of merit.

Case:  Calamari v. Panos, NY Slip Op 06875 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Summary judgment on liability in a personal injury action.