McCONNON v. CATALANO

MEMORANDUM. If there was error in the trial court's charge to the jury it was not preserved for review by this court (Cohen and Karger, Powers of the New York Court of Appeals, § 115, p 494). We have examined the appellants' other contentions and find them to be without merit.

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed, with costs, in a memorandum.