Sparling v. Nau

¶1In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Queens County, dated June 5, 1973, which granted plaintiffs’ motion for summary judgment and directed that an assessment of damages proceed. Order reversed, with $20 costs and disbursements, and motion denied. In our opinion, there are issues of fact and law and therefore a trial is required. Munder, Acting P. J., Martuscello, Latham, Gulotta and Benjamin, JJ., concur.