Fricker v. Bernstein
197 N.Y.S.2d 783
N.Y. App. Div.1960Check TreatmentIn an action to recover damages for personal injuries, and for medical expenses and loss of services, 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 reversed, with $10 costs and disbursements, and motion denied. In our opinion, the papers present triable issues which may not be resolved upon a motion for summary judgment. Nolan, P. J., Beldoek, Ughetta, Kleinfeld and Pette, JJ., concur.
