MONGELLI CARTING COMPANY v. NASSAU INSURANCE COMPANY

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).

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