Motion to Amend Granted When Not Palpably Insufficient and Would Not Impact Upcoming Trial Date

On February 21, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Baker v. Waller Capital Corp., 2023 N.Y. Misc. LEXIS 709, granting plaintiff’s motion to amend in part to add claims for fraudulent conveyance and conversion against certain defendants. The Court explained:

The Court finds that the proposed amendment, as limited by Plaintiff's letter, is not "palpably insufficient" or "devoid of merit," and will not cause undue prejudice or lead to additional discovery. It simply adds an additional theory of recovery, which Plaintiff must pursue and prove (if he can) based on the existing discovery record. Leave to file a Second Amended Complaint to add these claims is granted.

The Court further noted that plaintiff had abandoned the motion to amend to add other claims “because plaintiff does not want to risk delaying the May 1, 2023 trial date.”

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning moving to amend the pleadings in a previously filed action.