N.Y. Civil Practice Law & Rules § 3025: Amended and supplemental pleadings

Rule 3025. Amended and supplemental pleadings. (a) Amendments without

leave. A party may amend his pleading once without leave of court within

twenty days after its service, or at any time before the period for

responding to it expires, or within twenty days after service of a

pleading responding to it.

(b) Amendments and supplemental pleadings by leave. A party may amend

his or her pleading, or supplement it by setting forth additional or

subsequent transactions or occurrences, at any time by leave of court or

by stipulation of all parties. Leave shall be freely given upon such

terms as may be just including the granting of costs and continuances.

Any motion to amend or supplement pleadings shall be accompanied by the

proposed amended or supplemental pleading clearly showing the changes or

additions to be made to the pleading.

(c) Amendment to conform to the evidence. The court may permit

pleadings to be amended before or after judgment to conform them to the

evidence, upon such terms as may be just including the granting of costs

and continuances.

(d) Responses to amended or supplemental pleadings. Except where

otherwise prescribed by law or order of the court, there shall be an

answer or reply to an amended or supplemental pleading if an answer or

reply is required to the pleading being amended or supplemented. Service

of such an answer or reply shall be made within twenty days after

service of the amended or supplemental pleading to which it responds.