Opinion
Argued May 31, 1983
Decided June 28, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, EDWARD O. PROVENZANO, J.
William D. Eggers, Domenick L. Gabrielli and Frank H. Penski for appellant.
James M. Hartman and Paul J. Yesawich, III, for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice REID S. MOULE ( 90 A.D.2d 332). Additionally we observe that there is no evidentiary support in the record for any finding that the scrap metals/raw materials market (as distinguished from the shredded scrap/products market) was limited to the Rochester area to which the agreement of the parties related.
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur; Judge SIMONS taking no part.
Order affirmed, with costs, in a memorandum.