
    Kathryn Reale et al., Respondents, v. Violet Pooton, Appellant.
   In an action to recover damages for personal injuries and loss of services, the defendant appeals from an order of the County Court, Westchester County, entered April 2-9, 1960, which granted plaintiffs’ motion for summary judgment and for an assessment of damages. It appears that the defendant fell upon plaintiff Kathryn Reale while the latter was seated at a table. 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 person. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.  