Opinion
Argued June 1, 1983
Decided June 30, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, MYRON E. TILLMAN, J.
Brian J. Barney for appellants.
Richard S. Tubiolo for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
In this case the Appellate Division did not reverse the order of Special Term as a matter of law, but rather in the exercise of its own discretion as a substitute for that of Special Term. That it was authorized to do, and we cannot conclude that in so doing it erred as a matter of law ( Scarborough v Zimmon, 56 N.Y.2d 784).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur; Judge SIMONS taking no part.
Order affirmed, with costs, in a memorandum.