Order of the Appellate Term reversed and a new trial ordered, with costs in the Appellate Term and in this court to abide the event, and judgment vacated. Appeal from judgment dismissed. No appeal lies from such judgment. (See Civ. Prac. Act, § 623, subd. 1.)
The basic issue of the application of the doctrine of respondeat superior, assuming carelessness of the employee of the appellant, has never been determined. The conclusion
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