Malone v. Dimco Corp.

Appellate Division of the Supreme Court of New York

Malone v. Dimco Corp.

32 A.D.2d 875, 302 N.Y.S.2d 1004

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

DecidedJune 19, 1969

DocketAppeal No. 1

StatusPublished

This text of 32 A.D.2d 875 (Malone v. Dimco 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.

Bluebook

Malone v. Dimco Corp., 32 A.D.2d 875, 302 N.Y.S.2d 1004 (N.Y. Ct. App. 1969).

Pincite

Opinion

Appeal dismissed as academic, without costs. Memorandum: The issue in this case is the right of petitioner to inspect the books and records of the respondent corporations. Petitioner had [876]*876been a director of all the corporations but subsequently failed to be re-elected a director. On the argument of the appeal we were informed that subsequent to the order appealed from a motion was made at Special Term by each of the respondent corporations to vacate and annul the order on appeal, or in the alternative, for an order granting a rehearing. That motion has now been heard and decided and petitioner is granted a hearing to determine his right to inspection. As indicated on the argument and in the briefs of the partifes, this subsequent action of Special Term makes the appeal before us moot and it is therefore dismissed. (Appeal from order of Monroe Trial Term permitting inspection of books.) Present■—■ Goldman, P. J., Del Veeehio, Marsh, Gabrielli, and Moule, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal dismissed as academic, without costs. Memorandum: The issue in this case is the right of petitioner to inspect the books and records of the respondent corporations. Petitioner had [876]*876been a director of all the corporations but subsequently failed to be re-elected a director. On the argument of the appeal we were informed that subsequent to the order appealed from a motion was made at Special Term by each of the respondent corporations to vacate and annul the order on appeal, or in the alternative, for an order granting a rehearing. That motion has now been heard and decided and petitioner is granted a hearing to determine his right to inspection. As indicated on the argument and in the briefs of the partifes, this subsequent action of Special Term makes the appeal before us moot and it is therefore dismissed. (Appeal from order of Monroe Trial Term permitting inspection of books.) Present■—■ Goldman, P. J., Del Veeehio, Marsh, Gabrielli, and Moule, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

32 A.D.2d 875, 302 N.Y.S.2d 1004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malone-v-dimco-corp-nyappdiv-1969.