Ljusic v Petit

Holding The Appellate Division reversed the lower court’s order granting leave to amend the complaint, finding that the plaintiffs’ proposed amendment to add a property damage claim was barred by significant prejudice and unreasonable delay. The court determined that the amendment constituted a significant expansion of claims sought after discovery was completed and without supporting documentation.

The court’s words

the plaintiffs' proposed amended complaint was a significant expansion of their claims, was sought after the parties had completed discovery, and was asserted without supporting documentation

2026 NY Slip Op 06290, at the official text

the plaintiffs failed to offer a reasonable excuse for their delay of more than five years in seeking leave to amend the complaint

2026 NY Slip Op 06290, at the official text

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

2026 NY Slip Op 06290, at the official text