Opinion
November 2, 1959
In an action to recover damages for personal injuries, and for medical expenses and loss of services, the appeal is from an order granting respondents' motion for summary judgment striking out the answer and directing an assessment of damages. Order reversed, with $10 costs and disbursements, and motion denied. The record presents issues of fact which should be resolved after trial. Nolan, P.J., Wenzel, Beldock, Murphy and Kleinfeld, JJ., concur.