Gardega v. Washington Street Marine Officers Corp.

Appellate Division of the Supreme Court of New York

Gardega v. Washington Street Marine Officers Corp.

168 A.D.2d 364

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 1990

StatusPublished

This text of 168 A.D.2d 364 (Gardega v. Washington Street Marine Officers Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gardega v. Washington Street Marine Officers Corp., 168 A.D.2d 364 (N.Y. Ct. App. 1990).

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Opinion

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered February 9, 1990, which denied defendants’ motion for a protective order and permitted plaintiff to examine defendant corporation’s books and records to obtain a list of corporate members, unanimously affirmed, without costs.

[365]*365Supreme Court’s factual findings, made after a hearing, that plaintiff is a member qualified to seek the membership list pursuant to Not-For-Profit Corporation Law § 621 (b) are not challenged on appeal. Nor has defendant established bad faith and improper purpose on plaintiff’s part. (Matter of Curkendall v United Fedn. of Correction Officers, 107 AD2d 935.) Defendant, throughout these proceedings, has raised only vague speculations as to plaintiff’s motives, and, in fact, never objected to the scope of the hearing, limited to plaintiff’s status as a member of the not-for-profit corporation. Concur— Murphy, P. J., Sullivan, Carro, Ellerin and Smith, JJ.

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Order, Supreme Court, New York County (Edward H. Lehner, J.), entered February 9, 1990, which denied defendants’ motion for a protective order and permitted plaintiff to examine defendant corporation’s books and records to obtain a list of corporate members, unanimously affirmed, without costs.

[365]*365Supreme Court’s factual findings, made after a hearing, that plaintiff is a member qualified to seek the membership list pursuant to Not-For-Profit Corporation Law § 621 (b) are not challenged on appeal. Nor has defendant established bad faith and improper purpose on plaintiff’s part. (Matter of Curkendall v United Fedn. of Correction Officers, 107 AD2d 935.) Defendant, throughout these proceedings, has raised only vague speculations as to plaintiff’s motives, and, in fact, never objected to the scope of the hearing, limited to plaintiff’s status as a member of the not-for-profit corporation. Concur— Murphy, P. J., Sullivan, Carro, Ellerin and Smith, JJ.

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168 A.D.2d 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardega-v-washington-street-marine-officers-corp-nyappdiv-1990.

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