Order affirmed, with $10 costs and disbursements.
In our opinion, on this record an issue of fact is presented as to whether the plaintiff was engaged in the course of his employment at the time the accident occurred. Such issue should be resolved after trial.
Ughetta and Hill, JJ., dissent and vote to reverse the order and to grant defendant's motion for summary judgment with the following memorandum:
It is not denied that plaintiff, an automobile...
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