Opinion
January 25, 1960
In an action to recover damages for personal injuries, the appeal is from an order granting a motion for summary judgment striking out the answer and ordering an assessment of damages. Order reversed, with $10 costs and disbursements, and motion denied. It is our view that triable questions of fact are presented both as to appellant's negligence and respondent's freedom from contributory negligence. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Pette, JJ., concur.