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Mongelli Carting Co. v. Nassau Insurance

57 N.Y.2d 649 Court N.Y. Decision date 1982-07-02 English

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p. 649
Mongelli Carting Company, Inc., Respondent, v Nassau Insurance Company, Respondent, and Norman Levine Associates, Inc., Appellant.
Decided July 2, 1982
p. 650
APPEARANCES OF COUNSEL Duncan B. Hume for appellant.
Daniel H. Greenberg for Mongelli Carting Company, Inc., respondent.
Morris Hass for Nassau Insurance Company, respondent.

OPINION OF THE COURT

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 NY2d 703 ; Rochester Tel. Corp. v Green Is. Constr. Corp., 51 NY2d 788 ; Pfohl v Wipperman, 34 NY2d 597 ; see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 148, p 588).

p. 651
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.

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