Amco International, Inc. v. Long Island Railroad
Cases that cite this one
1 later published case cites this decision.
- Francisco v. 201 Saw Mill River Road Development Corp. (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
In an action, inter alia, to recover the cost of cleaning and removing a petroleum discharge pursuant to Navigation Law § 181, the defendant appeals from stated portions of an order of the Supreme Court, Suffolk County (D’Emilio, J.), entered July 30, 1999, which, inter alia, denied its motion for leave to amend its answer.
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, 220 AD2d 474).
The defendant’s remaining contentions are without merit. Ritter, J. P., Sullivan, Florio and Feuerstein, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.