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

16 N.Y.2d 1067 (1965)

Joanne Johnson, as Administratrix of The Estate of Ulysses Johnson, Deceased, et al., Plaintiffs, and Mary Szczerba, as Administratrix of The Estate of Nick Szczerba, Deceased, Respondent, v. Equitable Life Assurance Society of the United States et al., Defendants, and Michigan Tool Company, Appellant. Equitable Life Assurance Society of the United States, Third-Party Plaintiff-Respondent, v. Skidmore, Owings & Merrill et al., Third-Party Defendants, and Michigan Tool Company, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1965.

Attorney(s) appearing for the Case

John M. Aherne and James J. Taylor for appellant.

Emile Z. Berman, A. Harold Frost, Leonard Sheft and Paul M. Brown for Equitable Life Assurance Society of the United States, third-party plaintiff-respondent.

No appearance for plaintiff-respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.

MEMORANDUM:

The decision on the appeal should be withheld and the case remitted to the court at Special Term for further development of the record. On the argument of the appeal, third-party plaintiff-respondent Equitable offered for consideration by this court in the first instance transcripts of examinations before trial of third-party defendant Michigan Tool. On their face these transcripts seem to suggest that third...

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