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BRUMMER v. WEY

153583/15. Appeal No. 12135-12136N-12136NA. Case Nos. 2020-1794, 2020-00882.

187 A.D.3d 566 (2020)

135 N.Y.S.3d 4

2020 NY Slip Op 05846

Christopher Brummer, Appellant, v. Benjamin Wey et al., Respondents, et al., Defendant. Financial Industry Regulatory Authority, Inc., Nonparty Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 20, 2020.

Leave to amend a complaint should be freely given absent prejudice or surprise so long as the proposed claims are not palpably insufficient or devoid of merit (see McGhee v Odell, 96 A.D.3d 449, 450 [1st Dept 2012]; CPLR 3025[b]). Here, the court should have granted plaintiff leave to file the second amended complaint to include the subsequent allegations of defamation (Gottwald v Sebert, 172 A.D.3d 445 [1st Dept 2019];

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