Alpha GmbH & Co. Schiffsbesitz KG v. BIP Industries Co.

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered October 21, 2004, which, in an action on a guaranty, granted plaintiff’s motion and denied defendant’s cross motion for summary judgment, unanimously affirmed, with costs.

Defendant’s failure to plead fraudulent concealment in its answer does not bar that defense, where defendant did not learn *345of the defense until some two years after it filed its answer. It could not in any event have moved for leave to amend since for most of the two-year period the action was stayed pending an arbitration between its subsidiary and…