In an action to recover damages for personal injuries, the appeal is from an order which denied a motion for summary judgment striking out the answer, and for an assessment of damages. The motion was denied upon the ground that there was a clear issue of fact as to respondent’s liability. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.