Opinion
Index No. CV-033626-19/NY
07-11-2024
Noorani, Plaintiff, v. SW Management LLC, Defendant.
Pro se Plaintiff Defendant's counsel: Amsterdam & Lewinter, LLP, Margaret G. Klein & Associates.
Unpublished Opinion
Pro se Plaintiff Defendant's counsel: Amsterdam & Lewinter, LLP, Margaret G. Klein & Associates.
WENDY CHANGYONG LI, J.
I.
Upon reading Plaintiff's Motion (" Motion "), Defendant's opposition, and Plaintiff's reply, together with all supporting documents, Plaintiff's Motion to amend the complaint seeking to increase Plaintiff's damages from $25,000 to $50,000 is denied for the reasons set forth below.
II.
CPLR 3025 provides that "[a] party may amend his or her pleading, or supplement it by setting forth additional or subsequent transactions or occurrences, at any time by leave of court or by stipulation of all parties...Any motion to amend or supplement pleadings shall be accompanied by the proposed amended or supplemental pleading clearly showing the changes or additions to be made to the pleading" (CPLR 3025[b]). "[I]n order to conserve judicial resources, an examination of the underlying merits of the proposed causes of action is warranted" (Eighth Ave. Garage Corp. v H.K.L. Realty Corp., 60 A.D.3d 404, 405, 875 N.Y.S.2d 8 [1st Dept]). If there is no surprise or prejudice to the opposing party, CPLR states that leave to amend pleadings "shall be freely given" (McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 N.Y.2d 755, 757, 450 N.E.2d 240, 463 N.Y.S.2d 434 [1983]).
"[Determining]...whether to allow such an amendment is reserved for the court's discretion, and exercise of that discretion will not be overturned without a showing that the facts offered for the amendment do not support the new claim(s)" (Eighth Ave. Garage Corp. v H.K.L. Realty Corp., 60 A.D.3d 404, 405, 875 N.Y.S.2d 8 [1st Dept]). "Where a court concludes that an application for leave to amend a pleading clearly lacks merit, leave is properly denied" (NYCHA Coney Island Houses v. Ramos, 2013 NY Slip Op 23309, 41 Misc.3d 702, 971 N.Y.S.2d 422 [Civ. Ct.]). Plaintiff here failed to include a proposed amended pleading. Moreover, Plaintiff did not present sufficient evidence to amend the alleged damages from $25,000 to $50,000, as alleged receipts given to the court only total $36,149.15. Accordingly, Plaintiff's Motion seeking to amend the complaint is denied.
III. Order
Accordingly, it is
ORDERED that Plaintiff's Motion to amend the complaint is denied.
This constitutes the DECISION and ORDER of the Court.