Majority
p. 915Samuel G. Nicholas, Respondent, v. New York State Electric & Gas Corporation, Appellant, et al., Defendants. 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.
Motion to amend order entered February 5, 1954, granted and order amended nunc pro tunc so as to affirm that part of the judgment appealed from which dismissed the third-party complaint. Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See ante, p. 291; 284 App. Div. 835 , 860.]