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GARFIELD v. EQUITABLE ASSUR. SOC.

7 Misc.2d 283 (1956)

Gustave B. Garfield, Plaintiff, v. Equitable Life Assurance Society of the United States et al., Defendants.

Supreme Court, Special Term, New York County.

June 24, 1956.

Attorney(s) appearing for the Case

Leo D. Fitzgerald, Theodore Kiendl and Edward J. McGratty, Jr., for Equitable Life Assurance Society of the United States, defendant.

Theodore Kiendl and Edward J. McGratty, Jr., for Ray D. Murphy and others, defendants.

Gustave B. Garfield, in person, and Charles Trynin for Gustave B. Garfield, plaintiff.

JAMES B. M. McNALLY, J.

Motions 2260 and 2320 are consolidated and disposed of as follows.

In a derivative action, the defendants, Equitable Life Assurance Society of the United States, Murphy, Dow, Klem and Hogg, move to dismiss the complaint for legal insufficiency and plaintiff's incapacity to sue. Plaintiff since 1928 has been and is a policyholder of Equitable. The individual defendants are charged...

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