In re Albanese (248 A.D. 656, 1936)

Motion to amend order of reversal so as to recite that the reversal was on the facts as well as on the law, denied on the ground that the decision of the court was made solely on the lack of jurisdiction of the Surrogate’s Court to pass upon the issue of negligence. [See 245 App. Div. 404.] Present-—■ Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.