Legal Opinion

People ex rel. Poleti v. Poleti, Coda & Rebecchi, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 5, 1920PublishedCited by 3 opinions

Appeal by the relator, Joseph Poleti, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of June, 1920, granting relator’s motion for a writ of mandamus to examine the books of account, records and papers of the defendant, a domestic corporation, as limits the relator to a personal examination of the books of said corporation and denies relatoi the right to have…

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Appeal by the relator, Joseph Poleti, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of June, 1920, granting relator’s motion for a writ of mandamus to examine the books of account, records and papers of the defendant, a domestic corporation, as limits the relator to a personal examination of the books of said corporation and denies relatoi the right to have expert accountants or other strangers take part therein, and also from an order entered in said clerk’s office on the 15th…

1Opinion of the Court

Dowling, J.:

Relator is a director in, and owner of one-third of the stock of the defendant corporation. His right to obtain the writ for the examination of the books, records and papers of the corporation has been sufficiently established by the moving papers. The right has, however, been limited by the learned court at Special Term by permitting the relator alone to make such examinátion, and by denying to him the right to have expert accountants or other strangers take part therein. As the relator is not familiar with bookkeeping methods, and never kept books himself, an examination would…

2Cited by3 opinions

  1. Davis v. Keilsohn Offset Co.Appellate Division of the Supreme Court of the State of New York · 1948
  2. Bellman v. Standard Match Co.Appellate Division of the Supreme Court of the State of New York · 1924
  3. Bero v. Bero Construction Corp.New York Supreme Court · 1962

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