An Amended Complaint adds the Trustees as plaintiffs and increases the amount of unpaid
rent sought in the first cause of action to $69,300.00 (Amended Complaint, supra).
Defendants' Amended Answer includes general denials, multiple affirmative defenses, and
counterclaims for a credit for the security deposit paid, plus interest (first counterclaim); an
accounting of the funds held as security deposit (second counterclaim); and attorney's fees (third
counterclaim) (Amended Answer, NYSCEF Doc. No. 6). On December 18, 2018, after all
necessary discovery had been completed, counsel for plaintiffs executed the Note of Issue and
Certificate of Readiness for Trial (Note of Issue, NYSCEF Doc. No. 28).
Defendants now seek summary judgment dismissing the Amended Complaint and the return
of their security deposit, with interest. Plaintiffs seek leave to amend the caption in the pleadings
and to file a Second Amended Complaint.
DISCUSSION
Leave to Amend
Plaintiffs seek leave (i) to amend the caption in the pleadings to conform to the proper legal
name of the Owner of the Subject Apartment, as set forth in the Deed; (ii) to add a cause of
action for reformation of the Second Lease to correct the alleged errors of misidentifying the
Owner and omitting the monthly rent for the second year; (iii) to allege additional facts to
accurately identify plaintiffs and the operative lease agreement under which plaintiffs are seeking
relief for their existing claims; and (iv) to update the damage amounts, which allegedly have
continued to accrue since the initial filing of this action (Proposed Second Amended Complaint,
NYSCEF Doc. No. 52).
It is well-settled that leave to amend pleadings shall be given freely, unless the party