Garfield v. Equitable Life Assurance Society of United States

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 Mise 2d 419). There remained, and the amended complaint can charge, only improvidence, lack of due care and prudence with respect to the leases, the expenditures made in connection therewith and the acquisition of the area devoted to…