Order reversed insofar as appealed from, on the law, without costs or disbursements, and cross motion granted.
Plaintiffs were injured in a June, 1970 automobile accident and brought suit against one Clarence Welch. They sought to hold Welch's employer, the County of Orange, vicariously liable on the ground Welch caused the accident while in the course of his employment. During an April, 1971 examination before trial Welch had testified to that effect, but during...
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