2.89 - B. Amendment Without Leave Of Court Or Stipulation Of Parties

• Jurisdiction: New York

B. Amendment Without Leave of Court or Stipulation of Parties

In both state and federal court, as a general rule, a party may amend its pleading once as a matter of course, without seeking leave of the court or stipulation of the other parties.¹¹²⁵

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Notes:

^[1125] . CPLR 3025(a). Fed. R. Civ. P. 15(a) is identical in this respect. This rule applies regardless of the total number of parties in an action. A party may amend its pleading only once, not once for each opposing party. See Citibank N.A. v. Suthers, 68 A.D.2d 790, 794, 418 N.Y.S.2d 679 (4th Dep’t...