Legal Opinion
Weistrop v. Necchi Sewing Machine Sales Corp.
New York Supreme Court
Decided December 29, 1955PublishedCited by 10 opinions
1Opinion of the CourtOwen McGivern, J.
Motion for discovery and inspection in a minority stockholder’s derivative action is denied.
Plaintiff seeks to inspect virtually every document of 14 corporations, not all of which are parties to this action and some of which are not even mentioned in the complaint; in addition, the application does not fulfill two important requirements of motions for such relief.
Number one, the papers do not show that the requested documents are evidence rather than clues to evidence. In People ex rel. Lemon v. Supreme Court (245 N. Y. 24, 28-29) Chief Judge Cardozo said: “ So familiar in civil causes has…
2Cases cited10 opinions
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- Matter of Durr v. Paragon Trading Corp.New York Court of Appeals · 1936
- McQuigan v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
- Falco v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1914
- Woods v. De FiganiereThe Superior Court of New York City · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Tatko v. Tatko Brothers Slate Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Padilla v. DamascusAppellate Division of the Supreme Court of the State of New York · 1962
- H. L. Hoffman Co. v. Consolidated Avionics Corp.New York Supreme Court · 1959
- Beyer v. KellerAppellate Division of the Supreme Court of the State of New York · 1960
- Gross v. PriceAppellate Division of the Supreme Court of the State of New York · 1956
5 more not listed; retrieve them via the Exa API.