Martin v. Katz

It is well settled that the courts should adopt a liberal policy in allowing amendments to pleadings at any time before the trial to the end that the parties may have a full and just determination of the action upon the merits (see 4 Carmody-Wait, New York Practice, § 26, p. 568; Shuffman v. Shuffman, 6 A D 2d 1030), and that, as a general proposition, questions relating to the sufficiency and the merits of the defenses proposed to be added by amendment should be reserved for determination on a proper motion or upon the trial. (See 4 Carmody-Wait, New York Practice, § 25, p. 566; also Bendan…