TOYOTA MOTOR CREDIT CORPORATION v. LINEN (2022)

Order (Naita A. Semaj, J.), entered October 5, 2021, reversed, without costs, motion for leave to amend granted, and the portion of the order denying class action certification is stricken.

Civil Court improperly denied defendant's unopposed motion for leave to amend to add a class action counterclaim. On a motion for leave to amend a pleading, movant need not establish the merit of the proposed new allegations, but must “simply show that the proffered amendment is not palpably insufficient or clearly devoid of merit” (MBIA Ins. Corp. v Greystone & Co., Inc., 74 AD3d 499, 500 [2010]; Lavrenyuk v Life Care Servs., Inc., 198 AD3d 569, 570 [2021], lv dismissed ––– NY3d –––, 2022 NY Slip Op 66092 [2022]). Here, the court prematurely reached the merits of the proposed amendment, which was adequately pleaded and not clearly devoid of merit.

We note that the only motion before the court was one for leave to amend (see CPLR 3025[b]). A court is generally limited to issues or defenses that are the subject of the motion before it (see CPLR 2214); Matter of Banks v Stanford, 159 AD3d 134, 146-147 [2018]). Here, in the absence of any motion seeking class action certification pursuant to CPLR 902, the court was without authority to rule upon this dispositive issue (see DiDonato v Dyckman, 121 AD3d 638, 640 [2014]). On this basis, we strike the provision in the order purporting to deny class action certification, without prejudice to a proper application for such relief.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur