Naphtali v. Lafazan

Before any evidence was adduóed in tins action the parties stipulated to waive a jury and have the court determine all the issues. Formal findings of fact and conclusions of law were waived.

At the beginning of the trial the plaintiffs moved to amend their complaint so as to set up causes of action for damages based on the culpable negligence of the defendant. Plaintiffs, in their supplementary memorandum of law, request permission to withdraw that motion. That permission is granted.

There are few facts in dispute in this controversy which arose as a consequence of an automobile accident in…