FRINTZILAS v. SCRIVANOS

In a negligence action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County, dated January 18, 1961, granting plaintiff's motion for summary judgment (Rules Civ. Prac., rule 113). Order reversed, without costs, and motion denied. In our opinion, there are issues of fact which must await trial. Beldock, Acting P.J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.