Weiss v. Samnat Pacific Corp.

Petitioner in this article 78 proceeding seeks an order directing the respondent corporations to permit him to inspect the corporate books and records set forth in the order to show cause.

The technical objection raised, that the proceeding was improperly instituted as personal service was not made upon an officer of the respondent corporations but made upon the Secretary of State, is untenable. Sections 5 and 24 of the Stock Corporation Law specifically provide that upon the formation *502of a business corporation or where the corporation was formed prior to January 1, 1935, that the Secretary of…