Peploe v. Gilmartin
1960 N.Y. App. Div. LEXIS 10933
N.Y. App. Div.
1960
Check Treatment

In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, the appeal is from an order which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Order affirmed, with $10 costs and disbursements (see, e.g., Bi Sabato v. Soffes, 9 A D 2d 297). ' Nolan, P. J., Ughetta, Pette and Brennan, JJ., concur; Kleinfeld, J., dissents and' votes to reverse the order and to deny the motion upon the ground that the record presents an issue of fact which should be determined after a plenary trial.