Data-Guide Inc. v. Marcus

The corporate petitioner and its president and majority stockholder, seek an order directing respondents as inspectors and tellers of election to certify that certain persons were duly elected directors. Respondent Marcus demands removal of the proceeding to Queens County. Petitioner moves to strike separate and distinct defenses in the answer and the answer itself.

The substance of this dispute is that the respondent, Marcus, who asserts that he was the only inspector of the election, refused to count petitioner’s ballot and refused to certify *542the election of directors. A stockholder had…