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.]