SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
April 28, 1969
MARGARET MARINO ET AL., RESPONDENTS,
VINCENT DATTALO, APPELLANT
In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Richmond County, dated August 5, 1968, which granted plaintiffs' motion for summary judgment.
Brennan, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.
In our opinion, there are triable issues of fact which preclude the granting of summary judgment.
Order reversed, on the law, without costs, and motion denied.
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