Scivetti v. Niagara Mohawk Power Corp.

— Order unanimously reversed, with costs, and motion to dismiss the third-party complaint granted. Memorandum: The original complaints in both actions allege that the damage was the result of an explosion which occurred by reason of the escape of natural gas supplied by respondent Power Corporation, the defendant third-party plaintiff. The latter then began a third-party action in each case against appellant Short, seeking recovery over against Short for any sums for which it might be held liable in the original actions. In both third-party complaints it is alleged that the explosion occurred…