ELIAN v. TECK

In an action to recover damages for personal injuries, and for medical expenses and loss of services, the appeal is from an order granting a motion for summary judgment striking out the answer (Rules Civ. Prac., rule 113). Order reversed, with $10 costs and disbursements, and motion denied. The papers disclose facts sufficient to require a trial of the issue of negligence. Nolan, P.J., Ughetta and Hallinan, JJ., concur; Wenzel and Beldock, JJ., dissent and vote to affirm.