
    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.
    Argued February 21, 1955;
    decided April 21, 1955.
    
      
      Michael Catalano for appellant.
    
      Hugh McM. Buss, Robert 8. Lesher and T. Kayler Jenkins for respondent and third-party plaintiff-appellant.
    
      Robert D. Fernbach and Bernard Katzen for 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.  