Garfield v. Equitable Life Assurance Society of United States

Order dismissing the second amended complaint unanimously modified, on the law and in the exercise of discretion, to grant leave to serve a further amended complaint, and the judgment entered thereon vacated, without costs to any party. The appeals from other orders, which have not been heretofore dismissed, are now dismissed as moot in view of this determination. On this record, it may hot be found as a matter óf Mw that the action is barred by the Statute of Limitations (Civ. Prac. Act, § 49, subd. 4). The Superintendent’s 1950 *888Report set forth comprehensive factual data regarding the…