Opinion
February 26, 1962
In a negligence action to recover damages for injury to person and property sustained by plaintiffs when their automobile, which had been stopped for a red traffic light for about five to eight seconds, at the intersection of Rockaway Boulevard and East 110th Street, in Queens County, was struck in the rear by defendants' automobile, the defendants appeal: (1) from an order of the Supreme Court, Queens County, dated January 10, 1961, which granted plaintiffs' motion for summary judgment and for an assessment of damages; and (2) from so much of an order of said court, dated March 16, 1961, granting reargument, which on reargument adhered to the original decision. Order, dated March 16, 1961, insofar as appealed from, reversed, with $10 costs and disbursements, and plaintiffs' motion for summary judgment denied. In our opinion the record presents issues of fact which should be resolved after a trial. Appeal from order dated January 10, 1961 dismissed, without costs. This order was superseded by the later order. Beldock, P.J., Ughetta, Kleinfeld, Christ and Hopkins, JJ., concur.