Opinion
November 18, 1968
Order of the Supreme Court, Queens County, dated May 7, 1968, which granted plaintiff's motion for summary judgment and directed an assessment of damages, reversed, on the law, with $10 costs and disbursements, and motion denied. No questions of fact were considered. In our opinion, triable issues of fact exist and plaintiff's motion for summary judgment was improperly granted. Christ, Acting P.J., Brennan, Rabin, Munder and Martuscello, JJ., concur.