Opinion
October 26, 1959
Present — Nolan, P.J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ.
In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, the appeal is from so much of an order as granted a motion for summary judgment striking out appellant's answer. Order modified (1) by striking from the first ordering paragraph everything commencing with the word "granted" and by substituting therefor the words "denied, and it is further" and (2) by striking from said order everything following the words "Theodore Appelbaum" in the second ordering paragraph. As so modified, order insofar as appealed from unanimously affirmed, with $10 costs and disbursements to appellant. The papers present triable issues which may not be resolved upon a motion for summary judgment.