Amendments should be freely given, yet in Daniel R. Wotman & Assoc., PLLC v Chang
2017 NY Slip Op 02141 [148 AD3d 571] March 23, 2017 Appellate Division, First Department the court below correctly decided not to exercise its discretion when the proposed amendment comes far into the case.
“In this action commenced by plaintiff to recover legal fees, defendant asserted a counterclaim for legal malpractice. Plaintiff moved for summary judgment dismissing that counter-claim and in response, defendant cross-moved for leave to amend the counterclaim to expand and alter her theory of recovery.
Supreme Court providently exercised its discretion in denying defendant leave to amend her legal malpractice counterclaim. The motion for leave to amend came years after the counterclaim was first asserted and well after the conclusion of discovery. Moreover, defendant failed to articulate a reasonable excuse for her delay in amending the counterclaim and was unquestionably in possession of all the facts she needed to seek leave at an earlier time in the litigation (see Holliday v Hudson Armored Car & Courier Serv., 301 AD2d 392 [1st Dept 2003], lv dismissed, lv denied 100 NY2d 636 ).”