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  5. 57 N.Y.2d 649 (1982)
 

MONGELLI CARTING CO., INC. v. NASSAU INS. CO.

57 N.Y.2d 649 (1982)

Mongelli Carting Company, Inc., Respondent, v. Nassau Insurance Company, Respondent, and Norman Levine Associates, Inc., Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1982.

Attorney(s) appearing for the Case

Duncan B. Hume for appellant.

Daniel H. Greenberg for Mongelli Carting Company, Inc., respondent.

Morris Hass for Nassau Insurance Company, respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. The Appellate Division's determination that it was error to have set aside the verdict as against the weight of the evidence, although appealable, is beyond the scope of our review (Rudes v Walrath, 56 N.Y.2d 703; Rochester Tel. Corp. v Green Is. Constr. Corp., 51 N.Y.2d...

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