I dissent and vote to affirm, on the gronud that, on the undisputed facts of the ease, the employee had broken the connections between himself and his employer and was not performing any act within the scope of his employment which caused the accident or was responsible for its happening. (Reilly v. Connable, 214 N. Y. 586; O’Brien v. Stern Brothers, 223 id. 290.) Clarke, P. J., concurs. Judgment reversed and new trial ordered, with costs to appellants to abide event.