Faulkner v. City of New York

*880In an action to recover damages for personal injuries, etc., the defendant City of New York appeals, as limited by its brief, (1) from so much of an order of the Supreme Court, Queens County (Elliot, J.), dated April 27, 2006, as granted that branch of the plaintiffs’ motion which was, in effect, pursuant to CPLR 3211 (b) to dismiss the ninth affirmative defense insofar as asserted against the plaintiff Vincent J. Faulkner, Jr., and (2) from an order of the same court dated September 26, 2006, which (a) denied that branch of the motion of the City of New York which was for leave to renew, and…