Opinion
Submitted October 23, 1981
Decided November 24, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE F.X. McINERNEY, J.
Michael F. Mullen and Leonard Ackerman for appellant.
Robert B. Armstrong and Peter Sullivan for respondents.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 79 A.D.2d 603). The determination of the trial court that there was no joint venture, having been affirmed at the Appellate Division, is now beyond the scope of our review.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.