Kroese v. Meyer

Appellate Division of the Supreme Court of New York

Kroese v. Meyer

18 A.D.2d 909, 238 N.Y.S.2d 56, 1963 N.Y. App. Div. LEXIS 4292

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

DecidedFebruary 26, 1963

StatusPublished

This text of 18 A.D.2d 909 (Kroese v. Meyer) 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.

Bluebook

Kroese v. Meyer, 18 A.D.2d 909, 238 N.Y.S.2d 56, 1963 N.Y. App. Div. LEXIS 4292 (N.Y. Ct. App. 1963).

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Opinion

Order, entered on October 18, 1962, granting application for inspection of books and records of a business trust (Massachusetts trust), unanimously reversed on the law, with $20 costs and disbursements to appellants, and the motion denied, and respondents’ cross motion to dismiss the petition granted. The business entity not being incorporated, the usual remedies available to a stockholder under article 78 of the Civil Practice Act provides no foundation for the relief sought (Matter of Newman, v. Smith, 263 App. Div. 85, 88, affd. 289 N. Y. 545). Without reaching the question whether article 79 of the Civil Practice Act is available it is patent on the record that petitioner-respondent did not follow the correct procedure (Civ. Prae. Act, §§ 1308, 1309). Concur — Botein, P. J., Breitel, Yalente, Steuer and Bastow, JJ.

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Order, entered on October 18, 1962, granting application for inspection of books and records of a business trust (Massachusetts trust), unanimously reversed on the law, with $20 costs and disbursements to appellants, and the motion denied, and respondents’ cross motion to dismiss the petition granted. The business entity not being incorporated, the usual remedies available to a stockholder under article 78 of the Civil Practice Act provides no foundation for the relief sought (Matter of Newman, v. Smith, 263 App. Div. 85, 88, affd. 289 N. Y. 545). Without reaching the question whether article 79 of the Civil Practice Act is available it is patent on the record that petitioner-respondent did not follow the correct procedure (Civ. Prae. Act, §§ 1308, 1309). Concur — Botein, P. J., Breitel, Yalente, Steuer and Bastow, JJ.

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Bluebook (online)

18 A.D.2d 909, 238 N.Y.S.2d 56, 1963 N.Y. App. Div. LEXIS 4292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kroese-v-meyer-nyappdiv-1963.

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