Apfel v. Prestia

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Johnson, J.), entered July 25, 2006, which, upon an order of the same court dated February 14, 2006, granting the defendants’ motion for leave to amend their answer to add the affirmative defense of release and for summary judgment dismissing the complaint based on that defense, is in favor of the defendants and against him dismissing the complaint.

*521Ordered that the judgment is reversed, on the law, with costs, that branch of the defendants’ motion which was for…