Majority
p. 597Charles A. Pfohl, Deceased, by Richard C. Pfohl, Administrator of the Estate of Charles A. Pfohl, Deceased, et al., Appellants, v. Richard Wipperman et al., Respondents. Argued February 20, 1974; decided March 21, 1974.
p. 598
Laurin D. Rachlin and David C. Laub for appellants.
Raymond T. Miles for Richard Wipperman, respondent.
Arthur J. Maloney for Town of Cheektowaga, respondent;
Order affirmed, with costs to defendants-respondents, in the following memorandum: Our court has jurisdiction to entertain this appeal. We conclude, however, that there are presented only questions of fact as to the weight of the evidence and no question of law. Accordingly, the order of the Appellate Division is outside our power of review. (Armstrong v. Campbell, 30 N Y 2d 704 ; Cameron v. Permakoff, 28 N Y 2d 938 ; Indiere v. Strickroth, 28 N Y 2d 513 ; Musumeci v. Pillsbury Mills, 11 N Y 2d 948 ; Gutin v. Mascali & Sons, 11 N Y 2d 97 ; see Cohen and Karger, Powers of the New York Court of Appeals [rev. ed.], § 148, p. 588.)
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.
Cases cited
- Armstrong v. Campbell 30 N Y 2d 704 p. 598
- Cameron v. Permakoff 28 N Y 2d 938 p. 598
- People v. Conforti 11 N Y 2d 948 p. 598
- Gutin v. Mascali & Sons, Inc. 11 N Y 2d 97 p. 598