Pomerantz v. In-Stride, Inc.

*523In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Dollard, J.), entered March 14, 2006, as, upon granting that branch of the motion of the defendant In-Stride, Inc., which was for leave to amend its answer to assert the affirmative defense of a discharge in bankruptcy, granted that branch of the motion which was, in effect, pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against the defendant In-Stride, Inc., on the ground of discharge in bankruptcy.

Orde…