Kline v. White

In an action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Suffolk County, dated March 16, 1960, granting plaintiffs’ motion for summary judgment striking out the answer and directing an assessment of damages. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, the record presents issues of fact which should be resolved after trial. Nolan, P. J., Beldoek, Christ, Pette and Brennan, JJ., concur.