McLeod v Atlantis Operating, LLC

Holding The Appellate Division modified the lower court’s order to grant the defendants’ motion to amend their answer to deny specific allegations of negligence, as the plaintiff failed to demonstrate prejudice. However, the court affirmed the denial of the defendants’ motion to remove their admission of operating the nursing facility due to the expiration of the statute of limitations and lack of a reasonable excuse for delay.

The court’s words

Applications for leave to amend pleadings under CPLR 3025(b) should be freely granted unless the proposed amendment (1) would unfairly prejudice or surprise the opposing party

2026 NY Slip Op 06109, at the official text

The plaintiff demonstrated that she would be unfairly prejudiced by this amendment because the statute of limitations on the causes of action had expired

2026 NY Slip Op 06109, at the official text

the plaintiff failed to demonstrate that she would suffer unfair prejudice or surprise by the defendants' delay in seeking this amendment

2026 NY Slip Op 06109, at the official text