Fricker v. Bernstein

In an action to recover damages for personal injuries, and for medical expenses and loss of services, the appeal is from an order which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, the papers present triable issues which may not be resolved upon a motion for summary judgment. Nolan, P. J., Beldoek, Ughetta, Kleinfeld and Pette, JJ., concur.