Opinion
Argued February 8, 1982
Decided February 23, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN G. McCARTHY, J.
Robert C. Minion for appellants.
Marshall D. Sweetbaum for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
A determination by the Appellate Division which reverses an order of Trial Term setting aside a jury verdict as against the weight of the credible evidence, although appealable, is beyond this court's power of review. In the posture in which this case comes before us, there must be an automatic affirmance. ( Rochester Tel. Corp. v Green Is. Constr. Corp., 51 N.Y.2d 788; Pfohl v Wipperman, 34 N.Y.2d 597; Gutin v Mascali Sons, 11 N.Y.2d 97; see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 148, p 588.)
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed, with costs, in a memorandum.