In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County, dated December 23, 1960, denying his motion for summary judgment, pursuant to rule 113 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldoek, Ughetta, Pette and Brennan, JJ., concur.