Opinion
Argued February 8, 1980
Decided February 20, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CHARLES B. SWARTWOOD, J.
Thomas E. Reilly for appellants.
John J. Ryan, Jr., for respondent.
Order affirmed, with costs (see Donigi v American Cyanamid Co., 43 N.Y.2d 935). Although the order of the Appellate Division recites that the reversal was on the law, the memorandum of the Appellate Division makes clear that it was predicated on that court's view of the weight of the evidence.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.