Opinion
March 3, 1952.
Present — Nolan, P.J., Carswell, Johnston, Wenzel and Schmidt, JJ.
In a proceeding pursuant to article 78 of the Civil Practice Act, final order, permitting respondents to inspect, at their own expense, appellant corporation's books and records, unanimously affirmed, with $10 costs and disbursements. The inspection shall proceed, as directed, and between the hours provided in the order appealed from, on a date to be fixed by respondents and on such subsequent dates as may be necessary to complete such inspection. Five days' notice of the first inspection shall be given to the corporate appellant. The conceded facts were sufficient, as a matter of law, to authorize the court, in its discretion, to grant the order appealed from. ( Matter of Durr v. Paragon Trading Corp., 270 N.Y. 464; Matter of Steinway, 159 N.Y. 250. )