Appellate Division of the Supreme Court of New York, Second DepartmentFeb 29, 1960
10 A.D.2d 652 (N.Y. App. Div. 1960)

February 29, 1960

In 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 affirmed, with one bill of $10 costs and disbursements. No opinion.

Under all of the circumstances, it is my opinion that a question of fact is presented which should be determined on a trial. [ 20 Misc.2d 932.]