Wilder v. Straus-Duparquet, Inc.

In an article 78 (Civ. Prac. Act) proceeding, brought by a stockholder to compel the production and inspection of corporate books, a substantial issue has been raised with respect to the good faith of the stockholder in making the demand and in bringing this proceeding. Consequently, Special Term was correct in denying the petition at this time and in directing a trial of the issue, pursuant to the provisions of section 1295 of the Civil Practice Act. The court, however, also directed a reference before a private referee, without consent of the parties, and this direction requires further…