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  5. 37 N.Y.2d 875 (1975)
 

ESTATE OF PETER CANALE v. BINGHAMTON AMUSEMENT CO., INC.

37 N.Y.2d 875 (1975)

Estate of Peter Canale et al., Respondents, v. Binghamton Amusement Co., Inc., et al., Appellants, and Columbia Gas of New York, Inc., Respondent, et al., Defendants. Susan O. Trozze, Respondent, v. Binghamton Enterprise, Inc., et al., Appellants, and Columbia Gas of New York, Inc., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 23, 1975.

Attorney(s) appearing for the Case

Maurice P. O'Brien for Binghamton Amusement Co., Inc., and another, appellants.

Thomas F. O'Connor for Binghamton Enterprise, Inc., appellant.

Philip J. Kramer for Estate of Peter Canale and another, plaintiffs-respondents.

John F. Artman for Susan O. Trozze, plaintiff-respondent.

John M. Keeler for Columbia Gas of New York, Inc., defendant-respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge JASEN dissents in part and votes to modify in a separate memorandum; Judge COOKE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. Given this court's restricted scope of review, when issues of fact have been resolved by affirmance at the Appellate Division, the findings are conclusive on this court, if there is evidence to support them (see, generally, Cohen and Karger, Powers of the New York Court of Appeals, pp 453-455). True, the proof of the cause of the fire rested on...

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