Rohauer v. Guilderland Cent. Sch. Dist.

Summary

The Appellate Division, Third Department held that Supreme Court abused its discretion by denying the plaintiff leave to amend the complaint to add a negligence cause of action. The court found no undue prejudice or surprise to the school district and directed the plaintiff to serve the amended complaint within 20 days.

Holdings

1. A motion for leave to amend must generally be freely granted when the proposed amendment is not palpably insufficient or patently devoid of merit and the opposing party cannot demonstrate prejudice or surprise resulting directly from the delay.
2. At the amendment stage, plaintiff need not establish the ultimate merits of the proposed negligence claim; plaintiff need only demonstrate that the claim is not palpably insufficient or patently meritless.
3. A defendant's increased potential liability from an amendment, without more, does not constitute the prejudice required to deny leave to amend.

Questions Presented

1. Whether Supreme Court abused its discretion by denying plaintiff's pre-note-of-issue motion to amend the complaint to add a negligence cause of action.
2. Whether the proposed negligence amendment was palpably insufficient or patently devoid of merit because plaintiff also alleged intentional conduct.
3. Whether the school district established surprise or prejudice from the proposed amendment.

Disposition

reversed_and_remanded