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STRANGER v. N. Y. S. ELEC. & GAS

25 A.D.2d 169 (1966)

Leon F. Stranger, Individually and as Administrator of The Estate of Leona P. Stranger, Deceased, Appellant, v. New York State Electric & Gas Corp. et al., Defendants; City of Ithaca, Respondent

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

March 28, 1966.

Attorney(s) appearing for the Case

Wiggins, Tsapis & Golder (Walter J. Wiggins of counsel), for appellant.

Bryant, Mazza & Williamson (Frederick B. Bryant of counsel), for respondent.

HERLIHY, REYNOLDS, AULISI and HAMM, JJ., concur.

GIBSON, P. J.

Appeal is taken from an order of the Supreme Court at Special Term which, as to defendant city, dismissed, for insufficiency, the amended complaint in an action to recover wrongful death damages, caused when on February 15, 1963 an unvented open-flame gas heater "exploded or otherwise caused flames to reach plaintiff's intestate".

The amended complaint alleges that the use of the heater...

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