In an action to recover damages for injury to person and property by reason of defendant's negligence in the operation of his motor vehicle, the defendant appeals from an order of the Supreme Court, Nassau County, dated March 21, 1961, granting plaintiff's motion for summary judgment and directing an assessment of damages, pursuant to rule 113 of the Rules of Civil Practice. Order reversed, without costs, and motion denied. In our opinion, the record presents issues of fact which must await trial. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Brennan, JJ., concur.