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SCIVETTI v. NIAGARA MOHAWK POWER CORP.

33 A.D.2d 884 (1969)

Domenick Scivetti, Plaintiff, v. Niagara Mohawk Power Corporation, Defendant and Third-Party Plaintiff-Respondent. Lee J. Short, Individually and Doing Business as State Tower Garage, Third-Party Defendant-Appellant. (Action No. 1.) Commercial Structures, Inc., Plaintiff, v. Niagara Mohawk Power Corporation, Defendant and Third-Party Plaintiff-Respondent. Lee J. Short, Individually and Doing Business as State Tower Garage, Third-Party Defendant-Appellant. (Action No. 2.)

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

December 11, 1969

Order unanimously reversed, with costs, and motion to dismiss the third-party complaint granted.

Memorandum:

The original complaints in both actions allege that the damage was the result of an explosion which occurred by reason of the escape of natural gas supplied by respondent Power Corporation, the defendant third-party plaintiff. The latter then began a third-party action in each case against appellant Short, seeking recovery over against Short for any...

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