Opinion
September 25, 1961
In a negligence action to recover damages for personal injuries allegedly resulting from a rear-end collision when defendants' automobile struck plaintiff's automobile while it was stopped at a red traffic signal, plaintiff appeals from an order of the Supreme Court, Nassau County, dated February 7, 1961, denying his motion for summary judgment and directing an assessment of damages, pursuant to rule 113 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements ( Goldman v. Reese, 13 A.D.2d 994; Steinbach v. Denker, 13 A.D.2d 795). Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.