Opinion
July 5, 1961
In a negligence action to recover damages for injuries to person and property, the defendants Mandel appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County, dated May 31, 1960, as granted plaintiffs' motion for summary judgment against said defendants; directed that the action be placed on the Trial Calendar on a specified date for an assessment of damages against said defendants; authorized a separate judgment against them; and severed the action against the remaining defendants, Walsh and K T Service Station, Inc., and directed that the action, as severed, retain its regular place on the calendar. Order, insofar as appealed from, reversed, with $10 costs and disbursements to defendants Mandel payable by plaintiffs; and plaintiffs' motion for summary judgment against said defendants denied. The record presents triable issues of fact which may not be resolved on a motion for summary judgment. Nolan, P.J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.