Rubino v. Empire Heating Corp.

Appellate Division of the Supreme Court of New York

Rubino v. Empire Heating Corp.

2 A.D.2d 988, 157 N.Y.S.2d 807, 1956 N.Y. App. Div. LEXIS 3565

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

DecidedDecember 17, 1956

StatusPublished

This text of 2 A.D.2d 988 (Rubino v. Empire Heating 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

Rubino v. Empire Heating Corp., 2 A.D.2d 988, 157 N.Y.S.2d 807, 1956 N.Y. App. Div. LEXIS 3565 (N.Y. Ct. App. 1956).

Pincite

Opinion

In a proceeding by a stockholder, pursuant to article 78 of the Civil Practice Act, to inspect corporate books and records, the appeal is from an order denying a motion to resettle a previous order which granted an inspection of the books and records of the appellant corporation. Appeal dismissed, with $10 costs and disbursements. The order is not appealable. (Bergin v. Anderson, 216 App. Div. 844; Ambassador Realty Co. v. Nicolay, 1 A D 2d 972; 8 Carmody-Wait on New York Practice, p. 521.) We have examined the merits, however, and would affirm the order appealed from if the appeal were not being dismissed. Nolan, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ., concur.

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In a proceeding by a stockholder, pursuant to article 78 of the Civil Practice Act, to inspect corporate books and records, the appeal is from an order denying a motion to resettle a previous order which granted an inspection of the books and records of the appellant corporation. Appeal dismissed, with $10 costs and disbursements. The order is not appealable. (Bergin v. Anderson, 216 App. Div. 844; Ambassador Realty Co. v. Nicolay, 1 A D 2d 972; 8 Carmody-Wait on New York Practice, p. 521.) We have examined the merits, however, and would affirm the order appealed from if the appeal were not being dismissed. Nolan, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ., concur.

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Bluebook (online)

2 A.D.2d 988, 157 N.Y.S.2d 807, 1956 N.Y. App. Div. LEXIS 3565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rubino-v-empire-heating-corp-nyappdiv-1956.

Opinion

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