Cravatts v. Klozo Fastener Corp.

This proceeding under article 78 of the Civil Practice Act, seeks an order in the nature of mandamus to compel a corporation to submit all of its books and records to the examination of petitioner who alleges he is a director and the owner of 20% of the corporation’s stock.

The court at Special Term has granted relief in the full scope in which it is sought. There are, however, factual issues raised in the answer which ought to be examined and resolved before the proceeding is determined on the merits. One such issue arises on the denial of the allegation that petitioner is a director.…