Opinion
November 20, 1961
In a negligence action to recover damages for personal injuries, medical expenses and loss of services, defendants appeal from so much of an order of the Supreme Court, Nassau County, entered May 19, 1961, as granted plaintiffs' motion for summary judgment, pursuant to rule 113 of the Rules of Civil Practice, and directed an assessment of damages. Order, insofar as appealed from, reversed, with $10 costs and disbursements, and motion denied. The record shows the existence of triable issues of fact as to causative negligence, contributory negligence, and assumption of risk. These issues should be resolved upon a trial. Nolan, P.J., Beldock, Ughetta, Christ and Brennan, JJ., concur.