Opinion · Nylaw New York

MATTER OF WEINBERGER v. WASHINE-NATIONAL-SANDS, 267 App. Div. 913 (1944)

In the Matter of JOSEPH WEINBERGER, Respondent, againstWASHINE-NATIONAL-SANDS INC., et al., Appellants., 267 A.D. 913 (Appellate Division of the Supreme Court of New York, Second Department. 1944)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1944-03-20
Topic
general

MATTER OF WEINBERGER v. WASHINE-NATIONAL-SANDS, 267 App. Div. 913 (1944) In the Matter of JOSEPH WEINBERGER, Respondent, againstWASHINE-NATIONAL-SANDS INC., et al., Appellants.Appellate Division of the Supreme Court of New York, Second Department. March 20, 1944. Final order directing appellants to permit respondent to examine the books and records of the corporate appellant modified on the facts by striking out subdivision "a" of the second ordering paragraph and by inserting after the word "customers" in the last ordering paragraph the words "and any business secrets".

Citator

UpLaw has not yet analyzed MATTER OF WEINBERGER v. WASHINE-NATIONAL-SANDS, 267 App. Div. 913 (1944). The absence of a flag is not a finding that it is good law.

MATTER OF WEINBERGER v. WASHINE-NATIONAL-SANDS,267 App. Div. 913(1944)
In the Matter of JOSEPH WEINBERGER, Respondent, against
WASHINE-NATIONAL-SANDS INC., et al., Appellants.
Appellate Division of the Supreme Court of New York, Second Department.
March 20, 1944.
Final order directing appellants to permit respondent to examine the books and records of the corporate appellant modified on the facts by striking out subdivision "a" of the second ordering paragraph and by inserting after the word "customers" in the last ordering paragraph the words "and any business secrets". As so modified the order is unanimously affirmed, without costs, the inspection to proceed on fivePage 914days' notice. As the Special Term allowed an inspection of the books of account from December 1, 1937, to date, petitioner was entitled to an inspection of the minutes and by-laws covering the same period. It was an improper exercise of discretion to permit an inspection of the minutes and by-laws from November 12, 1923, the date when the corporation was organized.
Present — Close, P.J., Hagarty, Johnston, Adel and Lewis, JJ.