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NICHOLAS v. NEW YORK STATE ELEC. & GAS CORP.

283 A.D. 291 (1954)

Samuel 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

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 5, 1954.

Attorney(s) appearing for the Case

Hugh McM. Russ, Robert S. Lesher and T. Kayler Jenkins for appellant.

Michael Catalano for respondent.

Robert D. Fernbach and Bernard Katzen for third-party defendants-respondents.

Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

VAUGHAN, J.

This is an appeal by the defendant and third-party plaintiff New York State Electric & Gas Corporation from a judgment in favor of the plaintiff Samuel G. Nicholas for $40,573.17, entered upon a jury verdict for $40,000 and in favor of the third-party defendant Mathews and Kanelos dismissing the third-party complaint, with costs. The action as originally commenced was against the New York State...

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