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.
Court of Appeals of the State of New York.
Michael Catalano for appellant.
Hugh McM. Russ, Robert S. Lesher and T. Kayler Jenkins for respondent and third-party plaintiff-appellant.
Robert D. Fernbach and Bernard Katzen for third-party defendants-respondents.
Concur: DESMOND, DYE, FULD and VAN VOORHIS, JJ. Dissent: CONWAY, Ch. J., FROESSEL and BURKE, JJ.
Judgment affirmed, with separate bills of costs to the defendant-respondent and the third-party defendants-respondents. No opinion.
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.