Garfield v. Equitable Life Assurance Society of the United States

The defendant directors move for relief [see 7 Misc 2d 283, 419; 4 AD 2d 861, 863; 16 Misc 2d 214, *177216, 296] with respect to the third amended complaint pursuant to section 241 of the Civil Practice Act and rules 102 (subd. 1) and 103, and the grounds for such relief are set forth in the subdivisions of the notice of motion numbered (1) to (10) inclusive. With respect to subdivision (1), it cannot be said that there has been substantial disregard of the terms of the grant by the Appellate Division of leave to replead.

The appeal was taken from the order dismissing the second amended…