Opinion
November 30, 1954.
Present — Dore, J.P., Callahan, Bastow, Botein and Bergan, JJ.
We find that there was a triable issue as to whether petitioner is a director or a stockholder of the corporation, the books of which were sought to be examined. These issues should be heard by an official referee before the examination of the books is directed. Order unanimously modified so as to send these issues to an official referee and, as so modified, affirmed. Settle order on notice.