What is the current state of the law on leave to amend a pleading?
The following excerpt is from Hoberman v. City of New York, 2009 NY Slip Op 52581(U) (N.Y. Sup. Ct. 12/21/2009), 2009 NY Slip Op 52581 (N.Y. Sup. Ct. 2009):
In the absence of prejudice or surprise to the opposing party, leave to amend a pleading should be freely granted unless the proposed amendment is palpably insufficient or patently devoid of merit. Where, however, an application for leave to amend is sought after a long delay and the case has been certified as ready for trial, judicial discretion in allowing such amendments should be discrete, circumspect, prudent, and cautious. The court's exercise of discretion in determining such an application will not lightly be disturbed. Thomsen v. Suffolk County Police Dept., 50 AD3d 1015, 1017-18.
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