Boga Forge & Machine Works, Inc. v. Trison Excavators, Inc.

In a negligence action to recover for damages to property, defendant appeals from an order of the Supreme Court, Kings County, dated September 29, 1976, which, inter alia, granted plaintiff’s motion for summary judgment. Order reversed, with $50 costs and disbursements, and motion denied. There are triable issues of fact for a jury (see Sacramona v Scalia, 36 AD2d 942). Hopkins, Acting P. J., Martuscello, Latham and Damiani, JJ., concur.