Majority
p. 636Lenino Santomieri, Respondent, v. Lawrence W. Oliveri et al., Appellants.
In an action to recover damages for injuries to person and property, the appeal is from an order which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Order reversed, with $10 costs and disbursements, and motion denied. The record presents triable issues of fact which should be resolved after trial. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.