Nesselroth v. Zinno

In an action to recover damages for personal injuries, and for medical expenses and loss of services, the appeal is from an order entered December 1, 1959 denying a motion for summary judgment striking out the answer. Order affirmed, with $10 costs and disbursements. Triable questions of fact are presented not only as to the injured appellant’s contributory negligence but also as to respondent’s negligence. Nolan, P. J., Beldoek, Ughetta, Christ and Pette, JJ., concur.