Corporations
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
306 A.D.2d 844761 N.Y.S.2d 888·New York Supreme Court, Appellate Division·2003·NY
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Opinion
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.)
[761 NYS2d 888]
[MAJORITY]
—Appeal from a judgment of Supreme Court, Niagara County (Fricano, J.), entered August 15, 2002, upon a decision in favor of fourth-party plaintiff.
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 AD2d 842 [2003] [decided herewith]). Present— Green, J.P., Wisner, Scudder, Kehoe and Burns, JJ.