Pohl v. Continental Stationery Co.

Appellate Division of the Supreme Court of New York

Pohl v. Continental Stationery Co.

272 A.D.2d 792

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

DecidedMay 2, 1947

StatusPublished

This text of 272 A.D.2d 792 (Pohl v. Continental Stationery Co.) 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

Pohl v. Continental Stationery Co., 272 A.D.2d 792 (N.Y. Ct. App. 1947).

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Opinion

The record discloses that the petitioning stockholder is engaged in business in competition with the corporation whose account books he seeks to examine. Under such circumstances it would seem proper to limit the examination so as to prevent any improper disclosure of business secrets, if a general examination of the books might reveal same. This may best be determined by referring the matter to an official referee to hear and report to the court at Special Term as to whether such limitation is necessary, and, if he finds that it is, to suggest the most appropriate method to safeguard the corporation’s interests. Order unanimously modified accordingly, without costs, the decision of the motion to be held in abeyance until the coming in of the referee’s report. Settle order on notice. Present — Martin, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ.

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The record discloses that the petitioning stockholder is engaged in business in competition with the corporation whose account books he seeks to examine. Under such circumstances it would seem proper to limit the examination so as to prevent any improper disclosure of business secrets, if a general examination of the books might reveal same. This may best be determined by referring the matter to an official referee to hear and report to the court at Special Term as to whether such limitation is necessary, and, if he finds that it is, to suggest the most appropriate method to safeguard the corporation’s interests. Order unanimously modified accordingly, without costs, the decision of the motion to be held in abeyance until the coming in of the referee’s report. Settle order on notice. Present — Martin, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ.

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Bluebook (online)

272 A.D.2d 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pohl-v-continental-stationery-co-nyappdiv-1947.