Order reversed, with $10 costs and disbursements, and motion denied.
Notwithstanding the fact that no affidavit by the defendant personally was submitted in opposition to the motion, the record presents issues for a trier of the facts to determine as to: (1) whether under all the circumstances defendant's conduct constituted negligence, and (2) whether under all the circumstances there was contributory negligence on the part of the injured...
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