Liberman v. Katlowitz

Appellate Division of the Supreme Court of New York

Liberman v. Katlowitz

269 A.D.2d 599, 704 N.Y.S.2d 820, 2000 N.Y. App. Div. LEXIS 2302

Appellate Division of the Supreme Court of the State of New York·Decided February 28, 2000·Published

Opinion

—In a proceeding pursuant to CPLR article 78 to compel inspection of corporate books and records, the petitioner appeals from a judgment of the Supreme Court, Nassau County (McCarty, J.), dated August 24, 1999, which dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, and the petition is reinstated.

The Supreme Court erred in concluding that the petitioner was unable to seek relief pursuant to CPLR article 78 (see, Berkowitz v Astro Moving & Stor. Co., 240 AD2d 450). O’Brien, J. P., Joy, Florio and H. Miller, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to compel inspection of corporate books and records, the petitioner appeals from a judgment of the Supreme Court, Nassau County (McCarty, J.), dated August 24, 1999, which dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, and the petition is reinstated.

The Supreme Court erred in concluding that the petitioner was unable to seek relief pursuant to CPLR article 78 (see, Berkowitz v Astro Moving & Stor. Co., 240 AD2d 450). O’Brien, J. P., Joy, Florio and H. Miller, JJ., concur.

Liberman v. Katlowitz, 269 A.D.2d 599, 704 N.Y.S.2d 820, 2000 N.Y. App. Div. LEXIS 2302 (N.Y. Ct. App. 2000).

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Opinion

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