Opinion
December 4, 1961
In a proceeding by a stockholder, pursuant to article 78 of the Civil Practice Act, for an inspection of the appellant corporation's books and records, the corporation appeals from an order of the Supreme Court, Nassau County, entered July 19, 1961, granting the application. Order affirmed, with costs. The inspection shall proceed as directed, between the hours specified in the order, on 10 days' written notice by the stockholder to the corporation or on any other date mutually fixed by the parties. The petition contains allegations which were sufficient, as a matter of law, to authorize the Special Term, in its discretion, to grant the relief sought ( Matter of Pape v. Premier Metal Etching Co., 279 App. Div. 916 and cases therein cited). Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.