Opinion
November 6, 1961
In an action by one volunteer fireman against another, to recover damages for personal injuries sustained by plaintiff as a result of defendant's alleged willful negligence or malfeasance in the operation of his motor vehicle, the defendant appeals from an order of the Supreme Court, Kings County, dated July 6, 1961, denying his motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. The record here presents issues of fact which should be resolved by a trial. Beldock, Acting P.J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.