
    Margaret Kownack, Respondent, v. John Schroedel, Appellant.
   In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Nassau County, dated June 23, 1960, granting-plaintiff’s motion for summary judgment, striking out the answer and ordering an assessment of damages (Rules Civ. Prac., rule 113). Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, issues of fact are presented which should be resolved after trial. Nolan, P. J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.  