Falzone v. City of New York

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kerrigan, J.), dated December 5, 2013, which granted the defendants’ motion for leave to amend their answer to assert the affirmative defense of release and pursuant to CPLR 3211 (a) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendants’ motion which were for leave to amend their answer to assert the affirmative defense of release and pursuant to CPLR 3211 (a) to dismiss…