Rosenman v. Seafood City, Inc.

Appellate Division of the Supreme Court of New York

Rosenman v. Seafood City, Inc.

26 A.D.2d 817, 274 N.Y.S.2d 266, 1966 N.Y. App. Div. LEXIS 3206

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

DecidedOctober 27, 1966

StatusPublished

This text of 26 A.D.2d 817 (Rosenman v. Seafood City, Inc.) 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

Rosenman v. Seafood City, Inc., 26 A.D.2d 817, 274 N.Y.S.2d 266, 1966 N.Y. App. Div. LEXIS 3206 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment, denominated an order, in proceeding under article 78 of CPLR granting petitioner stockholders an examination of the books of account of respondent corporation unanimously affirmed, with $50 costs and disbursements to petitioners-respondents. In affirming, the court notes that [818]*818Special Term was not correct in referring to Mr. Riehman as a director of the corporation in question. But this makes no difference. On general principles applicable to a close corporation with petitioners owning, concededly, at least 49% of the stock, and without a satisfactory showing of bad faith on their part, petitioners were entitled to the relief sought (Matter of Mook v. American Fabrics Co., 24 A D 2d 971). Concur — Breitel, J. P., Rabin, McNally, Steuer and Capozzoli, JJ.

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Judgment, denominated an order, in proceeding under article 78 of CPLR granting petitioner stockholders an examination of the books of account of respondent corporation unanimously affirmed, with $50 costs and disbursements to petitioners-respondents. In affirming, the court notes that [818]*818Special Term was not correct in referring to Mr. Riehman as a director of the corporation in question. But this makes no difference. On general principles applicable to a close corporation with petitioners owning, concededly, at least 49% of the stock, and without a satisfactory showing of bad faith on their part, petitioners were entitled to the relief sought (Matter of Mook v. American Fabrics Co., 24 A D 2d 971). Concur — Breitel, J. P., Rabin, McNally, Steuer and Capozzoli, JJ.

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Bluebook (online)

26 A.D.2d 817, 274 N.Y.S.2d 266, 1966 N.Y. App. Div. LEXIS 3206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenman-v-seafood-city-inc-nyappdiv-1966.