Marino v. Dattalo — 32 A.D.2d 566

Majority

p. 566

Margaret Marino et al., Respondents, v. Vincent Dattalo, Appellant.

In a negligence action to recover damages for personal injuries, etc., appeals from an order of the Supreme Court, Richmond County, dated August 5, 1968, which granted plaintiffs’ motion for summary judgment. Order reversed, on the law, without costs, and motion denied. In our opinion, there are triable issues of fact which preclude the granting of summary judg

p. 567

ment. Brennan, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.