First Department Rules That The Need For More Discovery Doesn’t Justify Denying An Application To Amend A Complaint

On December 29, 2009, in an action for the wrongful death of the plaintiffs’ minor child, New York’s Appellate Division, First Department, ruled thatheld that, under N.Y. C.P.L.R. 3025, “the need for additional discovery does not constitute prejudice sufficient to justify denial of an amendment” of a pleading., under section 3025 of the C.P.L.R., “the need for additional discovery does not constitute prejudice sufficient to justify denial of an amendment” of a complaint or other pleading. Jacobson v. McNeil Consumer & Specialty Pharmaceuticals, 2009 N.Y. Slip Op. 09694 (N.Y. App. Div. Dec. 29, 2009).

Accordingly, the Jacobson Court reversed the Supreme Court’s order, which had rejected the plaintiffs’ application to serve and file a second amended complaint adding an anti-seizure medication, produced by the defendants, to causes of action already asserted concerning two medications for pain. The First Department’s opinion, linked below, is consistent with Manhattan’s liberal standard for amending pleadings.

http://www.leagle.com/unsecure/page.htm?shortname=innyco20091229357