MONGELLI CARTING COMPANY v. NASSAU INSURANCE COMPANY, 57 N.Y.2d 649 (1982)

454 N.Y.S.2d 66, 439 N.E.2d 875

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

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FRANCIS J. BLOUSTEIN, J.

Page 650

Duncan B. Hume for appellant.

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

Morris Hass for Nassau Insurance Company, 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 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 788; Pfohl v Wipperman, 34 N.Y.2d 597; see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 148, p 588).

Page 651

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