Hajder v. G. & G. Moderns, Inc.

Order, entered on November 22, 1960, granting plaintiff’s motion, pursuant to rule 113 of the Rules of .Civil Practice, for summary judgment, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion by plaintiff for summary judgment denied, with $10 costs. Actions in negligence to recover for personal injuries do not readily lend themselves to disposition under the summary judgment rule. The question in such actions of whether or not the defendant was negligent is essentially one of fact (Gerard v. Inglese, 11 A D 2d 381, 383), and,…