RUDES v. WALRATH

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 determination by the Appellate Division which reverses Trial Term's setting aside of a jury verdict as being against the weight of the credible evidence is beyond this court's power of review ( Goehle v Town of Smithtown, 55 N.Y.2d 995; Rochester Tel. Corp. v Green Is. Constr. Corp., 51 N.Y.2d 788; Gutin v Mascali Sons, 11 N.Y.2d 97, 99; see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 148, p 588). As to the defects in the charge discussed in the dissent at the Appellate Division, no question of law was preserved for review by this court.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.