Opinion
Submitted October 17, 1975
Decided November 19, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN T. CASEY, J.
George H. Barber for appellant.
Dale M. Thuillez for respondent.
MEMORANDUM. The order of the Appellate Division should be affirmed.
Both courts below were vested with discretion to be exercised in the light of all the facts and relevant circumstances in the given case, reviewable to a limited extent in this court. We are not disposed to overrule the exercise of discretion by the Appellate Division. (Cf. Murray v City of New York, 30 N.Y.2d 113. )
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed, with costs, in a memorandum.