Opinion
June 4, 1943.
Present — Martin, P.J., Townley, Dore, Cohn and Callahan, JJ.
Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event, upon the ground that the issues as to whether the accident occurred through the negligence of defendant's janitress, and whether the acts of said janitress were within the apparent or actual scope of her employment, were for the jury.