From Casetext: Smarter Legal Research

Matter of Sklow v. Parkersburg-Aetna Corp.

Appellate Division of the Supreme Court of New York, First Department
May 31, 1960
10 A.D.2d 946 (N.Y. App. Div. 1960)

Opinion

May 31, 1960


Order pursuant to article 78 of the Civil Practice Act to provide for the inspection of the stock book of a foreign corporation unanimously modified, on the law, on the facts, and in the exercise of discretion, to delete therefrom the direction taxing the Referee's fee as a cost in favor of petitioner and the order is otherwise affirmed, without costs to either party. In the absence of unequivocal evidence of consent to a private reference, and the taxation of costs therefor, there is no warrant to impose the costs of the reference on respondent-appellant. Moreover, the use of a private reference in such cases as this is to be discouraged. ( Matter of Wilder v. Straus-Duparquet, 5 A.D.2d 1.) The remainder of the issues have largely become moot as a result of the proceedings in West Virginia and the stipulation in open court on the submission of the appeal that respondent-appellant would make available to petitioner-respondent the stock book or stock list as may be necessary for use in connection with the next annual meeting of the stockholders.

Concur — Botein, P.J., Breitel, McNally, Stevens and Noonan, JJ.


Summaries of

Matter of Sklow v. Parkersburg-Aetna Corp.

Appellate Division of the Supreme Court of New York, First Department
May 31, 1960
10 A.D.2d 946 (N.Y. App. Div. 1960)
Case details for

Matter of Sklow v. Parkersburg-Aetna Corp.

Case Details

Full title:In the Matter of IRVING SKLOW, Respondent, against PARKERSBURG-AETNA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 31, 1960

Citations

10 A.D.2d 946 (N.Y. App. Div. 1960)