Sherman v. Flower

In an action to recover damages for injuries to person and property, and for medical expenses and loss of services, the appeal is from an order made on reargument which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Order modified by striking therefrom everything following the words “ upon reargument ” in the second ordering paragraph and by substituting therefor the words “ the original decision is adhered to ”. As so modified, order unanimously affirmed, with $10 costs and disbursements to appellant. In our opinion, there are questions of fact that preclude summary judgment. Present —Nolan, P. J., Beldock, Ughetta, Kleinfeld and Pette, JJ.