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Samuel G. Nicholas, Appellant, v. New York State Electric & Gas Corporation, Respondent, Et Al., Defendant; New York State Electric & Gas Corporation, Third-Party Plaintiff-Appellant, v. Michael Mathews Et Al., Individually and as Copartners Formerly Doing Business Under the Name of Mathews & Kanelos Co., Third-Party Defendants-Respondents
Judgment affirmed, with separate bills of costs to the defendant-respondent and the third-party defendants-respondents. No opinion. Concur: Desmond, Dye, Fuld and Van Vookhis, JJ. Conway, Ch. J., Froessel and Burke, JJ., dissent and vote to reverse upon the ground that as to the defendant New York State Electric & Gas Corporation and as to the third-party defendants Michael Mathews and Gust G. Kanelos there were questions of fact presented requiring the consideration of a jury.