Opinion
July 2, 1987
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
Pursuant to CPLR 3025 (b), leave to amend is freely given in the absence of prejudice. However, there are certain requirements which must be met as a prerequisite to granting such leave. Among these requirements are a plaintiff's affidavit of merits containing, inter alia, the reasons for the delay and the facts which warrant the increase (Koi v. P.S. M. Catering Corp., 15 A.D.2d 775) and a physician's affidavit demonstrating the nature of the injuries and resulting disabilities and the causal relationship between these disabilities and the original injury (Germinario v. Seatrain Lines, 81 A.D.2d 540).
Since plaintiff submitted neither an affidavit of merits nor an affidavit of a physician in support of her motion, containing "sufficient factual and medical support * * * to afford the court an opportunity to render an informed determination that the original amount demanded is now insufficient and that a re-evaluation is necessary" (Brennan v. City of New York, 99 A.D.2d 445, 446), the Supreme Court erred in granting her motion to amend the complaint.
Concur — Murphy, P.J., Sullivan, Asch, Rosenberger and Wallach, JJ.