Opinion
Decided May 6, 1982
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, GEORGE G. INGLEHART, J.
Victor J. Ciabotti for appellant.
Leonard H. Amdursky for Raymond G. Walrath and another, respondents. Henry S. Fraser for Guy V. Marcinko, 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 [b]), order affirmed, with costs. The determination by the Appellate Division which reverses Trial Term's setting aside of a jury verdict as being against the weight of the credible evidence is beyond this court's power of review ( Goehle v Town of Smithtown, 55 N.Y.2d 995; Rochester Tel. Corp. v Green Is. Constr. Corp., 51 N.Y.2d 788; Gutin v Mascali Sons, 11 N.Y.2d 97, 99; see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 148, p 588). As to the defects in the charge discussed in the dissent at the Appellate Division, no question of law was preserved for review by this court.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.