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.