Garfield v. Equitable Life Assurance Society of United States

The decision of this court dated October 10, 1957 is recalled and the order entered thereon on the 10th day of October, 1957 is vacated, and the motion of the plaintiff-appellant-respondent to dismiss the appeal of defendant-respondent-appellant Equitable Life Assurance Society of the United States, and the appeals of the defendants-respondents-appellants Murphy, Dow, Klem and Hogg, is granted, without costs. Concur—Breitel, J. P., Botein, Frank, Valente and McNally, JJ. [See ante, p. 861.]