Majority
p. 938Aaron T. Hoggard, Respondent, v. George A. Magnuson, Appellant.
nt. In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Westchester County, dated January 4, 1960, granting plaintiff’s motion for summary judgment. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, there is an issue of fact as to plaintiff’s freedom from contributory negligence. Beldoek, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.