Opinion
December 12, 1961
Order entered on August 1, 1961, granting plaintiffs summary judgment under rule 113 of the Rules of Civil Practice in a personal injury negligence action, unanimously reversed, on the law, with $20 costs and disbursements to the appellants, and the motion denied. (See Ruppert v. Building Material Dist., 10 A.D.2d 621; Rubin v. Andino, 11 A.D.2d 663.) It is an elementary principle that actionable negligence requires injury to the person or property as the proximate result of the allegedly negligent act (65 C.J.S., Negligence, § 6). There is a disputed issue of fact whether the impact between the two vehicles in this case resulted in injury to the person.
Concur — Botein, P.J., Breitel, Valente, McNally and Steuer, JJ.