AIELLO v. GARAHAN


58 N.Y.2d 1078 (1983)

Joseph M. Aiello, Appellant, et al., Plaintiff, v. Frederick J. Garahan, Respondent. James W. Leach, Appellant, et al., Plaintiff, v. Frederick J. Garahan, Respondent.

Court of Appeals of the State of New York.

Decided March 30, 1983.


Attorney(s) appearing for the Case

George C. Valette and Charlene E. McGraw for appellants.

Robert A. Small for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


MEMORANDUM.

The order of the Appellate Division should be 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 (Mongelli Carting Co. v Nassau Ins. Co., 57 N.Y.2d 649; Rudes v Walrath, 56 N.Y.2d 703<...

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