On October 10, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Sauka v. Kaplan, 2025 NY Slip Op. 33899(U), denying a motion to amend because, among other reasons, the party failed to submit a copy of the amended pleading showing the proposed changes, explaining:
In her motion, Defendant fails to provide the court with a copy of the Proposed Third Amended Counterclaims reflecting the changes or additions that were made to the prior iteration of the subject pleading. Although Defendant refers to exhibit L to her motion for leave to amend as a purported “Comparison Report,” a review of exhibit L reveals that such document merely consists of a copy of Defendant’s Proposed Third Amended Counterclaims, dated June 5, 2025, which document does not featuring any redlining, or other like markings such as highlighting, that would enable the reader to identify the changes made relative to the prior version of this pleading.
Defendant’s submission of a proposed amended pleading not featuring any markings reflecting the changes or additions made to the prior version of such pleading contravenes CPLR 3025 (b), which requires that a motion for leave to amend a pleading be accompanied by the proposed amended or supplemental pleading clearly showing the changes or additions to be made to the pleading. In light of Defendant’s violation of CPLR 3025 (b) by failing to annex to her motion a copy of the Proposed Third Amended Counterclaims clearly reflecting the changes or additions that were made to the prior version of the pleading in question, Defendant’s motion for leave to amend should be denied.
The mandate embedded in CPLR 3025 (b) requiring a party moving for leave to amend a pleading to clearly show the changes or additions to be made to the existing pleading is no mere procedural nicety as applied in the present matter. Such mandate is of particular import where, as here, Defendant’s Proposed Third Amended Counterclaims consists of157 pages and features 801 paragraphs, rendering any manual attempt to identify the proposed changes to the initial version of the pleading a vain pursuit (see NYSCEF Doc No. 458, Proposed Third Amended Counterclaims.
(Internal quotations and citations omitted).