Opinion
May, 1935.
Present — Sears, P.J., Taylor, Edgcomb, Thompson and Lewis, JJ.
Judgment affirmed, with costs. Certain findings of fact and conclusions of law disapproved and reversed on the facts and new findings made. Memorandum: In affirming this judgment we exercise the power given us by section 584 of the Civil Practice Act to reverse certain findings and make new findings. ( Ely v. Barrett, 224 N.Y. 550; Rives v. Bartlett, 215 id. 33, 38; Reich v. Cochran, 196 App. Div. 248, 254; appeal dismissed, 236 N.Y. 576; writ of error dismissed, 265 U.S. 574; Fraser v. Kent, 194 App. Div. 742.) All concur. (The judgment dismisses a claim for personal injuries caused by automobile skidding on highway.)