Opinion
Decided October 25, 1984
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, William J. Crangle, J.
Thomas M. Persico for appellants.
Diane Bresee Mayberger for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 102 A.D.2d 905). The affidavit of the eyewitness which was not before the courts below cannot be considered.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.