In re Pleasant Valley Society
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Onondaga County. Proceeding for determination of a contest for the election of a .trustee of the Pleasant Valley Society. From an order in favor of respondent trustee, petitioner appeals. Reversed.
1Opinion of the CourtWilliams, J.
The order should be reversed, and an order made appointing a referee to take the evidence of the parties and report the same to the court with his opinion thereon, with costs to abide event. The application was apparently made under section 27 of the general corporation law (being section 15, c. 563, p. 1063, Laws 1890, as amended by chapter 687, p. 1810, Laws 1892). The court assumed to hear and determine the matter upon affidavits. Many of the statements made in the affidavits were of conclusions, rather than simple facts, and we think the witnesses should be subjected to oral examination…
2Cited by3 opinions
- In re SilaskiAppellate Division of the Supreme Court of the State of New York · 1916
- Teperman v. Atcos Baths, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- In re Election of Officers & Directors of National Pleasure Tours, Inc.New York Supreme Court · 1927