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GARFIELD v. THE EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES

16 Misc.2d 216 (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

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

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

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

THOMAS A. AURELIO, J.

The motion of the defendant The Equitable Life Assurance Society of the United States for dismissal of the complaint as to it pursuant to subdivision 4 of rule 106 and pursuant to subdivision 2 of rule 107 of the Rules of Civil Practice is granted. The amended complaint was served by direction for the purpose of eliminating all allegations charging illegality (7 Misc.2d 419). There remained...

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