RUPPERT v. BUILDING MATERIALS DIST., INC

Order denying plaintiff's motion for summary judgment unanimously affirmed, with $20 costs and disbursements to defendant-respondent. Issues of fact are raised with respect to whether the plaintiff sustained any injuries as a result of the alleged accident. Consequently the court does not reach the question whether issues of liability otherwise satisfy the rule in Di Sabato v. Soffes ( 9 A.D.2d 297).

Concur — Botein, P.J., Breitel, Rabin, M.M. Frank and Stevens, JJ.