Slyke v. Niagara Mohawk Power Corp. (93 A.D.2d 993, 1983)

— Judgment reversed, on the law and facts, without costs, and third-party complaint dismissed. Same memorandum as in Van Slyke v Niagara Mohawk Power Corp. (Appeal No. 1) (93 AD2d 990). Concur — Dillon, P. J., Denman, Boomer and Moule, JJ.

Callahan, J.,

dissents in part and votes to reverse the judgment and grant a new trial on General Cable Corporation’s third-party complaint. Same dissenting memorandum as in Van Slyke v Niagara Mohawk Power Corp. (Appeal No. 1) (93 AD2d 990). (Appeal from judgment of Supreme Court, Onondaga County, Inglehart, J. — indemnification.) Present — Dillon, P. J., Callahan, Denman, Boomer and Moule, JJ.