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GARFIELD v. EQUITABLE LIFE ASSUR.

16 Misc.2d 214 (1958)

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

Supreme Court, Special Term, New York County.

June 5, 1958.

Attorney(s) appearing for the Case

Davis Polk Wardwell Sunderland & Kiendl for Raymond N. Ball and others, defendants.

Leo D. Fitzgerald for The Equitable Life Assurance Society of the United States, defendant.

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

THOMAS A. AURELIO, J.

The defendants-directors move for relief pursuant to rule 103, subdivision 4 of rule 106, and subdivisions 2 and 5 of rule 107 of the Rules of Civil Practice and section 476 of the Civil Practice Act. The issues involved are tendered and argued through voluminous affidavits and briefs, but, in the opinion of the court, are readily and simply disposable by close and accurate attention to...

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