Board of Managers of the Gramercy Park Habitat Condominium v. Zucker

— Order, Supreme Court, New York County (Beverly S. Cohen, J.), entered on or about March 26, 1992, which, insofar as appealed from, denied defendants-appellants’ motion for leave to serve an amended answer containing the defense of Statute of Limitations, unanimously affirmed, without costs.

Inasmuch as the action sounds in fraudulent misrepresentation, it had to be brought within six years of the complained of misrepresentations or two years after plaintiff discovered the fraud, whichever was later (Hernandez v Empire Mut. Ins. Co., 121 AD2d 259, 261). The complaint alleges that while the…