Nicholas v. New York State Electric & Gas Corp.

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.