Majority
p. 590Buckeye Pipeline Company, Inc., Appellant, v. Congel-Hazard, Inc., Defendant and Third-Party Plaintiff. Samuel W. Williams, Jr., et al., Doing Business as O’Brien & Gere, Third-Party Defendants-Respondents. (Appeal No. 2.)
Judgment unanimously reversed, on the law and facts, and a new trial granted, with costs to abide the event. Same memorandum as in Buckeye Pipeline Co. v. Congel-Hazard (41 A D 2d 590) decided herewith. (Appeal from judgment of Onondaga Trial Term dismissing complaint in action for damages to pipeline.) Present — Goldman, P.