Gabriel Industries, Inc. v. Defiance Industries, Inc. (23 N.Y.2d 694, 1968)

Motion for reargument denied without prejudice to an appropriate application by defendant-appellant Defiance Industries, Inc. to the Supreme Court to vacate or modify the judgment on the ground of newly discovered evidence or on any other ground. In making this disposition, the Court of Appeals expresses no view or opinion as to the merits of such application. [See 22 N Y 2d 405.]