Roberts v. Alexander's, Inc.

—In an action to recover damages for personal injuries, etc., the defendant Alexander’s, Inc., appeals from so much of an order of the Supreme Court, Kings County (Vaccaro, J.), dated November 7, 1994, as denied the branch of its motion which was for leave to serve an amended answer to include discharge in bankruptcy and res judicata as affirmative defenses. The defendant Schindler Elevator Corporation separately appeals from so much of the same order as denied the branch of its motion which was to include release or covenant not to sue as an affirmative defense.

Ordered that the appeal of…