MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
In this case the Appellate Division did not reverse the order of Special Term as a matter of law, but rather in the exercise of its own discretion as a substitute for that of Special Term. That it was authorized to do, and we cannot conclude that in so doing it erred as a matter of law ( Scarborough v Zimmon, 56 N.Y.2d 784).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur; Judge SIMONS taking no part.
Order affirmed, with costs, in a memorandum.