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.