By Nicholas M. Moccia
Law Offices of Robert E. Brown, P.C.
Aurora Loan Servs., LLC v Thomas, 2010 NY Slip Op 01606 (2d Dep't 2010)
Here, the Second Department granted a foreclosure defendant's motion for leave to amend his answer to assert the defenses of lack of standing and lack of capacity to sue.
Motions for leave to amend pleadings should be freely granted, absent prejudice or surprise directly resulting from the delay in seeking leave, unless the proposed amendment is palpably insufficient or patently devoid of merit. See CPLR 3025(b); Lucido v Mancuso, 49 AD3d 220, 222 (2d Dep't 2008). Here, the defendant's proposed amendments were not palpably insufficient or patently devoid of merit. Since the documents upon which defendant relied in making his motion were obtained from the plaintiff in discovery, there was also no showing of prejudice or surprise resulting directly from defendant's delay in seeking leave.
Aurora Loan Servs., LLC v Thomas