Gampel v. Rice

In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Queens County, dated April 24, 1973, which granted plaintiffs’ motion for summary judgment and ordered an assessment of damages. Order reversed, without costs, and motion denied. In our opinion, issues of fact were presented and, therefore, a trial is required. Rabin. P. J., Hopkins, Munder, Martuseello and Latham, JJ., concur.