Ordered that the appeal from the order dated July 30, 1996, is dismissed, without costs or disbursements, as that order was superseded by the order dated December 20, 1996, made upon reargument, and it is further;
Ordered that the order dated December 20, 1996, is affirmed insofar as appealed from, without costs or disbursements.
The determination of whether a particular act was within the scope of a servant's employment is so heavily dependent on factual...
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