Opinion
Decided October 29, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DANIEL H. PRIOR, JR., J.
Daniel H. Mahoney for appellant. James M. Conboy for respondent.
On summary consideration, order affirmed, with costs. We cannot say that the order reinstating the jury's verdict was an abuse of discretion as a matter of law (Holland v Blake, 31 N.Y.2d 734).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.