Garfield v. Equitable Life Assurance Society of United States

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, *215but, in the opinion of the court, are readily and simply disposable by close and accurate attention to what the amended complaint pleads and claims.

The amended complaint, as did the original complaint (7 Misc 2d 283; 7 Misc 2d 419; 4 A D 2d 861, 863) charges, with respect to the February, 1950, transactions,…