*807OPINION OF THE COURT
Order affirmed, without costs. We agree with the Appellate Division that there is no evidence “that ought reasonably to satisfy a jury that the fact[s] sought to be proved [are] established” (Blum v Fresh Grown Preserve Corp., 292 NY 241, 246).
Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Boomer.* Taking no part: Judge Titone.