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Gonzalez v. De Maurier
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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FILED: NEW YORK COUNTY CLERK 03/11/2026 10:16 AM INDEX NO. 655850/2023 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/10/2026
"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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FILED: NEW YORK COUNTY CLERK 03/11/2026 10:16 AM INDEX NO. 655850/2023 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/10/2026
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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/ FILED: NEW YORK COUNTY CLERK 03/11/2026 10:16 AM INDEX NO. 655850/2023 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/10/2026
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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