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SLONIGER v. NIAGARA MOHAWK POWER CORPORATION

306 A.D.2d 844 (2003)

761 N.Y.S.2d 888

EDWARD C. SLONIGER et al., Plaintiffs, v. NIAGARA MOHAWK POWER CORPORATION, Defendant and Third-Party Plaintiff. NEW YORK TELEPHONE COMPANY, Third-Party Defendant. NEW YORK TELEPHONE COMPANY, Doing Business as NYNEX, Fourth-Party Plaintiff-Respondent, v. R.D. WERNER CO., INC., et al., Fourth-Party Defendants-Appellants. (Appeal No. 3.)

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

Decided June 13, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously vacated without costs.

Same memorandum as in Sloniger v Niagara Mohawk Power Corp. (306 A.D.2d 842 [2003] [decided...

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