PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law in. Support of Motion to Amend Answer to Assert Cross-Claim and Declaration of Alexander.Plaintiff's motion seeks to amend the summons pursuant to CPLR § 305(c). Federal Rule of Civil Procedure 15(a) requires that leave to file an amended complaint be "freely given when justice so requires. File a document on pleading paper called amended motion re order to show cause and affidavit of contempt, write out the reason for your motion. In the absence of prejudice or surprise resulting directly from the delay in seeking leave, a motion for leave to amend is to be granted unless the proposed. For the reasons which follow, Defendant's motion for leave to file and serve its first amended answer, defenses and counterclaims is granted. Courts in this district routinely grant motions to amend complaints when defendants consent to such amendments. 1991), it is necessary for the Court to allow additional leeway to a pro se plaintiff. Amending as a matter of right or as a matter of course 5.