Appeal from order of September 9, 1964 dismissed, without costs as academic; such order was superseded by the later order of September 10, 1964, made upon reargument. Order of September 10, 1964 reversed, without costs, and plaintiff's motion for summary judgment denied.
In our opinion, on this record triable issues of fact exist: (a) as to the alleged negligence of the defendant in falling asleep at the wheel of the automobile while driving (Smith v. McIntyre...
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