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SCIVETTI v. NIAGARA MOHAWK

30 A.D.2d 468 (1968)

Dominick Scivetti, Respondent, v. Niagara Mohawk Power Corporation, Appellant. (Action No. 1.) Commercial Structures, Inc., Respondent, v. Niagara Mohawk Power Corporation, Appellant. (Action No. 2.) Albert Edison, Respondent, v. Commercial Structures, Inc., et al., Defendants, and Niagara Mohawk Power Corporation, Appellant. (Action No. 3.) (And Three Other Actions.)

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

October 31, 1968.

Attorney(s) appearing for the Case

Melvin & Melvin (Gerald J. Mathews of counsel), for appellant.

Albert Averbach for Commercial Structures, Inc., respondent.

MARSH and WITMER, JJ., concur; GOLDMAN and HENRY, JJ., dissent and vote to affirm the order.

WILLIAMS, J. P.

There are six actions and eight parties involved in this matter, but only the defendant Niagara Mohawk Power Corporation has appealed. The appeal concerns primarily an action by Commercial Structures, Inc. against Niagara Mohawk (Action No. 2), and it is based upon a claim that an explosion was caused by leakage of gas furnished to the premises by Niagara Mohawk and negligence in maintenance and...

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