NICHOLAS v. NEW YORK STATE ELECTRIC GAS CORP

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 VOORHIS, 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.