Majority
p. 835Samuel 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 resettle the order entered February 5, 1954, as amended by order entered April 28,1954, denied upon the ground that it is apparent upon the face of the amended order that the affirmance of the dismissal of the third-party complaint was by a unanimous court. Present — McCum, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See 283 App. Div. 291 , 915; post, p. 860.]