Majority
p. 972(November 19, 1962) Vito Arena, III, an Infant, by His Guardian ad Litem, Vito Arena, Jr., et al., Respondents, v. Emil Deutsch et al., Appellants.
In a negligence action to recover damages for personal injury, medical expenses and loss of services, defendants appeal from an order of the Supreme Court, Queens County, dated July 23,1962, which granted plaintiffs’ motion for summary judgment and directed an assessment of the damages. Order reversed, without costs, and motion denied. In our opinion triable issues of fact are presented which require a trial. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.