
    Thomas J. Fiammetta, as Administrator of the Estate of Lucille A. Fiammetta, Deceased, Appellant, v. Joseph Iraci, Respondent, et al., Defendants.
   In an áétioñ to fedover daniágéS for iriedical itialpraetide, assault ánd breach of contract, plaintiff appeals from a judgment of the Supreme Court, Queens County,- entered April 15, 1965, which dismissed the complaint as against- the defendant Joseph Iraei pursuant to CPLR 3212 and severed the action against the remaining defendants. Judgment reversed, with $10 costs and disbursements, and defendant’s motion fori summary judgment deified. In our opinion, triable issues of fact exist. Beldock, P. J., Ughetta, Brennan, Hopkins and Benjamin, JJ., concur.  