Opinion
Argued February 20, 1974
Decided March 21, 1974
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CARMAN F. BALL, J.
Laurin D. Rachlin and David C. Laub for appellants.
Raymond T. Miles for Richard Wipperman, respondent.
Arthur J. Maloney for Town of Cheektowaga, respondent.
Order affirmed, with costs to defendants-respondents, in the following memorandum: Our court has jurisdiction to entertain this appeal. We conclude, however, that there are presented only questions of fact as to the weight of the evidence and no question of law. Accordingly, the order of the Appellate Division is outside our power of review. ( Armstrong v. Campbell, 30 N.Y.2d 704; Cameron v. Permakoff, 28 N.Y.2d 938; Indiere v. Strickroth, 28 N.Y.2d 513; Musumeci v. Pillsbury Mills, 11 N.Y.2d 948; 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.)
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.