Ordered that the order is affirmed, with costs.
The court's denial of the defendant's motion to amend its answer was not an improvident exercise of discretion. After five years of discovery the defendant moved, about one week prior to the scheduled trial date, for leave to amend its answer to add additional affirmative defenses. However, the information upon which the affirmative defenses are based was known to the defendant for over five years. Therefore, since the...
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