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AMCO INTERNATIONAL, INC. v. LONG ISLAND RAILROAD COMPANY

273 A.D.2d 421 (2000)

713 N.Y.S.2d 119

AMCO INTERNATIONAL, INC., et al., Respondents, v. LONG ISLAND RAILROAD COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 26, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the defendant's motion for leave to amend its answer to assert the affirmative defense of sabotage, given the unexplained, approximately one-year delay in making the motion, and the dubious merit of the proposed defense (see, Navigation Law § 181 [4]; Branch v Abraham & Strauss Dept. Store,

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