Opinion
February 26, 1962
In a negligence action by the infant plaintiff to recover damages for personal injuries and by her mother to recover damages for medical expenses, the plaintiffs appeal from an order of the Supreme Court, Queens County, dated November 6, 1961, which denied their motion for summary judgment, pursuant to rule 113 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. The record presents issues of fact as to defendant's liability which should be resolved after a trial. Beldock, P.J., Ughetta, Kleinfeld, Christ and Hopkins, JJ., concur.