On February 20, 2025, Mamie Stathatos-Fulgieri, Jesse Wang, and Alexandra Zerrillo prevailed on a motion to reargue before the Supreme Court, Bronx County, on behalf of a New York skilled healthcare facility in a medical malpractice action. In the moving papers, the defense team successfully argued that the Court misapprehended or overlooked matters of law in denying defendant’s prior motion seeking leave to file an amended answer, as the court did not address the key issues of prejudice or surprise, pursuant to CPLR 3025(b).

Ultimately, the Court granted the defense’s motion to reargue and modified its prior decision, acknowledging that the earlier decision indeed failed to mention prejudice or surprise, pursuant to CPLR 3025(b), which explicitly states that “[l]eave to amend a pleading should be freely granted, so long as there is no surprise or prejudice resulting from the delay …” Ferrer v. Go New York Tours Inc., 221 AD 3d 499 (1^st Dept. 2023). The Court further noted that, in opposition, plaintiff failed to demonstrate that they would be surprised or prejudiced as a result of defendant’s proposed amendment.