Gonzalez v. De Maurier

2026 NY Slip Op 30911(U)

• Court: New York Supreme Court, New York County
• Decided: March 6, 2026
• Docket: Index No. 655850/2023
• Status: Unpublished
• Author: Leslie A. Stroth

Opinion

Gonzalez v De Maurier 2026 NY Slip Op 30911(U) March 6, 2026 Supreme Court, New York County Docket Number: Index No. 655850/2023 Judge: Leslie A. Stroth Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.6558502023.NEW_YORK.001.LBLX000_TO.html[03/19/2026 3:45:58 PM] FILED: NEW YORK COUNTY CLERK 03/11/2026 10:16 AM INDEX NO. 655850/2023 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/10/2026

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SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LESLIE A. STROTH PART 12M Justice -------------------X INDEX NO. 655850/2023 ANA GONZALEZ, MOTION DATE 10/01/2025 Plaintiff, MOTION SEQ. NO. 002 -V- ADA LANGMAN DE MAURIER, DANIEL DE MAURIER DECISION + ORDER ON MOTION Defendant. -------------------X

The following e-filed documents, listed by NYSCEF document number {Motion 002) 25, 26, 27, 28, 29, 30,31 were read on this motion to/for AMEND CAPTION/PLEADINGS

Plaintiff commenced this action for unpaid wages for the live-in housekeeping services

and other personal services that she provided to Defendants. Plaintiff moves, without opposition,

for leave to serve and file an Amended Summons and Amended Verified Complaint with the

following changes: substituting Defendant Daniel Maurier for his estate; adding Defendants' son,

Andres Szabo as a party-defendant; adding claims under Florida state law; adding claims under

the Fair Labor Standards Act under New York Labor Law; and making aesthetic changes to the

Complaint.

Pursuant to CPLR § 3025(b), "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.

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."

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"In general, motions for leave to amend a pleading should be granted unless the proposed

amendment is palpably insufficient or patently devoid of merit, or where the delay in seeking the

amendment would cause prejudice or surprise" (Corwise v Lefrak Org., 93 A.D.3d 754 [2nd Dept

2012]). "Prejudice requires that the ' [opposing party J has been hindered in the preparation of his

case or been prevented from taking some measure in support of his position."' (RCLA, Inc. v 50-

09 Realty, LLC, 48 A.D.3d 538, 539, 852 NYS2d 211 [2d Dept 2008], quoting Loomis v Civetta

Corinna Constr. Corp., 54 NY2d 18, 23,444 NYS2d 571,429 N.E.2d 90 [Ct App 1981]).

In MBIA Ins., the Court held that "on a motion for leave to amend, [a party] need not

establish the merit of its proposed new allegations, but simply show that the proffered

amendment is not palpably insufficient or clearly devoid of merit" (MBIA Ins. Corp. v.

Greystone & Co., 74 A.D.3d 499 [Pt Dept 2010]; see also Cruz v. Brown, 129 A.D.3d 455

[1 st Dept 2015]).

Plaintiffs motion is granted in part and denied in part. The proposed changes seek to

substitute the Estate of Daniel Maurier for David Maurier, individually, as David Maurier passed

away prior to filing. Plaintiffs proposed changes also include adding Andres Szabo, who

allegedly dictated the terms of Plaintiffs employment, and additional claims under the Fair

Labor Standards Act of New York Labor Law. These allegations and changes are not palpably

insufficient or clearly devoid of merit. However, the Court will not permit an amendment to add

claims under Florida state law.

Moreover, there is no basis to find prejudice or surprise, as discovery has not yet

commenced. There is no evidence that Defendants will suffer any material disadvantage if

Plaintiff is permitted to amend her pleading. To the contrary, allowing the amendment ensures

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that all potentially responsible parties are before the Court and promotes the full and fair

adjudication of Plaintiffs claims. Plaintiffs motion for leave to amend is granted in its entirety.

Accordingly, it is hereby

ORDERED that Plaintiffs motion for leave to amend the complaint pursuant to CPLR

3025(b) is granted in part and denied in part as outlined above; and it is further

ORDERED that Plaintiff is directed to serve and file the amended summons and

amended complaint with the changes as outlined above within 30 days of this order; and it is

further

ORDERED that the action shall bear the following caption:

-------------------X AURORA GONZALEZ,

Plaintiff,

-V- ADA LANGMAN DE MAURIER, ANDRES SZABO, and THE ESTATE OF DANIEL DE MAURIER

Defendant. -------------------.X

And it is further

ORDERED that counsel for the moving party shall serve a copy of this order with notice

of entry upon the County Clerk (60 Centre Street, Room 141B) and the Clerk of the General

Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to

reflect the parties being added pursuant hereto; and it is further

ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's

Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse

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and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page

on the court's website at the address [www.nycourts.gov/supctmanh]).

The foregoing constitutes the decision and order of the Court.

31612026 DATE CHECK ONE: CASE DISPOSED --NON-F' ISPOSITION ~J.s.c, GRANTED □ DENIED ~~~~~!\~~~-R_! •~--~- ----. ~ •□ _OTHER SUBMIT ORDER , . ' ' APPLICATION: SETTLE ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

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