Opinion
Argued March 29, 1982
Decided May 6, 1982
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JAMES P. O'DONNELL, J.
Richard W. Cook for appellants.
J. Eric Charlton for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs. The propriety of the Appellate Division's holding that it was error to have set aside the verdict as against the weight of the evidence is beyond the scope of this court's power of review ( Rochester Tel. Corp. v Green Is. Constr. Corp., 51 N.Y.2d 788; Gutin v Mascali Sons, 11 N.Y.2d 97, 99; Cohen and Karger, Powers of the New York Court of Appeals, § 148, p 588).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed, with costs, in a memorandum.