Legal Opinion
Smilkstein v. J. Smilkstein & Sons, Inc.
New York Supreme Court
Decided November 29, 1961PublishedCited by 3 opinions
1Opinion of the CourtJames D. Hopkins, J.
The petitioner in this proceeding under article 78 of the Civil Practice Act applies for an order permitting his attorney and himself to examine the books and records of J. Smilkstein & Sons, Inc., a family corporation in which he is a stockholder. The application is resisted by the officers of the corporation on the ground that it is not made in good faith, but rather to bludgeon the corporation into paying an excessive price for petitioner’s stock.
Both at common law and by statute, a stockholder has a qualified right of inspection of corporate books and records (Matter of Steinway, 159 N.…
2Cases cited6 opinions
- Matter of SteinwayNew York Court of Appeals · 1899
- People ex rel. Giles v. Klauder-Weldon Dyeing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1917
- In re the Petition of WygantNew York Supreme Court · 1917
- Martin v. Columbia Pictures Corp.New York Court of Appeals · 1954
- Stoopack v. George A. Fuller Co.New York Supreme Court · 1959
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3Cited by3 opinions
- Waldman v. Eldorado Towers, Ltd.Appellate Division of the Supreme Court of the State of New York · 1966
- Bondi v. Business Education Forum, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Baron v. Royal Paper Corp.Appellate Division of the Supreme Court of the State of New York · 1971