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  5. 38 A.D.2d 283 (1972)
 

JERSEY CENT. POWER v. WESTINGHOUSE ELEC.

38 A.D.2d 283 (1972)

Jersey Central Power and Light Company, Respondent-Appellant, v. Westinghouse Electric Corporation, Respondent, and Erie Lackawanna Railroad Company, Appellant-Respondent

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

February 15, 1972.

Attorney(s) appearing for the Case

Lloyd W. Roberson for appellant-respondent.

Benjamin L. Tell of counsel (Solomon M. Cheser with him on the brief; Tell, Cheser, Werner & Breitbart, attorneys), for appellant-respondent.

Peter B. Sobol of counsel (Cravath, Swaine & Moore, attorneys), for respondent.

STEVENS, P. J., and McGIVERN, J., concur with CAPOZZOLI, J.; MURPHY, J., dissents in part in an opinion, in which KUPFERMAN, J., concurs.

CAPOZZOLI, J.

This appeal results from an action to recover for damage to a transformer manufactured by the defendant, Westinghouse Electric Corporation and shipped to the purchaser, Jersey Central Power and Light Company, the plaintiff herein, by way of defendant, Erie Lackawanna Railway Company, sued herein as Erie Lackawanna Railroad Company.

A motion for summary judgment was made at Special Term by the plaintiff against both defendants. It...

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