— In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Queens County, dated April 20, 1960, granting plaintiff’s motion for summary judgment striking out the answer and directing an assessment of damages. Order reversed, with $10 costs and disbursements, and motion denied. The record presents issue of fact which should be resolved after trial. Beldoek, Acting P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.