Opinion
Decided September 8, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LAWRENCE E. KAHN, J.
Wayne L. Graff for appellant.
Michael J. Trainor for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, and the judgment of Supreme Court, Greene County, reinstated. The findings of the trial court more nearly comport with the weight of the evidence.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.