Sklow v. Parkersburg-Aetna Corp.

Appellate Division of the Supreme Court of New York

Sklow v. Parkersburg-Aetna Corp.

10 A.D.2d 946, 200 N.Y.S.2d 878, 1960 N.Y. App. Div. LEXIS 9522

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

DecidedMay 31, 1960

StatusPublished

This text of 10 A.D.2d 946 (Sklow v. Parkersburg-Aetna 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

Sklow v. Parkersburg-Aetna Corp., 10 A.D.2d 946, 200 N.Y.S.2d 878, 1960 N.Y. App. Div. LEXIS 9522 (N.Y. Ct. App. 1960).

Pincite

Opinion

Order pursuant to article 78 of the Civil Practice Act to provide for the inspection of the stock book of a foreign corporation unanimously modified, on the law, on the facts, and in the exercise of discretion, to delete therefrom the direction taxing the Referee’s fee as a cost in favor of petitioner and the order is otherwise affirmed, without costs to either party. In the absence of unequivocal evidence of consent to a private reference, and the taxation of costs therefor, there is no warrant to impose the costs of the reference on respondent-appellant. Moreover, the use of a private reference in such eases as this is to be discouraged. (Matter of Wilder v. Straus-Duparquet, 5 A D 2d 1.) The remainder of the issues have largely become moot as a result of the proceedings in West Virginia and the stipulation in open court on the submission of the appeal that respondent-appellant would make available to petitioner-respondent the stock book or stock list as may be necessary for use in connection with the next annual meeting of the stockholders. Concur — Botein, P. J., Breitel, McNally, Stevens and Noonan, JJ.

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Order pursuant to article 78 of the Civil Practice Act to provide for the inspection of the stock book of a foreign corporation unanimously modified, on the law, on the facts, and in the exercise of discretion, to delete therefrom the direction taxing the Referee’s fee as a cost in favor of petitioner and the order is otherwise affirmed, without costs to either party. In the absence of unequivocal evidence of consent to a private reference, and the taxation of costs therefor, there is no warrant to impose the costs of the reference on respondent-appellant. Moreover, the use of a private reference in such eases as this is to be discouraged. (Matter of Wilder v. Straus-Duparquet, 5 A D 2d 1.) The remainder of the issues have largely become moot as a result of the proceedings in West Virginia and the stipulation in open court on the submission of the appeal that respondent-appellant would make available to petitioner-respondent the stock book or stock list as may be necessary for use in connection with the next annual meeting of the stockholders. Concur — Botein, P. J., Breitel, McNally, Stevens and Noonan, JJ.

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Bluebook (online)

10 A.D.2d 946, 200 N.Y.S.2d 878, 1960 N.Y. App. Div. LEXIS 9522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sklow-v-parkersburg-aetna-corp-nyappdiv-1960.