Legal Opinion

In re Marcato

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

Decided June 4, 1984Published

1Opinion of the Court

— In a proceeding pursuant to CPLR article 78, inter alia, to compel Marcato Elevator Company, Inc., to produce for inspection and copying all of its books, records of account, etc., the appeal is from a judgment of the Supreme Court, Queens County (Kassoff, J.), dated June 9, 1983, which granted the petition. H Judgment reversed, on the law, without costs or disbursements and matter remitted to Special Term for a hearing in accordance herewith. U The burden of proof as to petitioner’s “good faith” in seeking to inspect corporate books or records falls on a different party depending on…

2Cases cited3 opinions

  1. Crane Co. v. Anaconda Co.New York Court of Appeals · 1976
  2. Sunnydale Farms, Inc. v. Premium Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1958
  3. Segal v. H. Verby Co.Appellate Division of the Supreme Court of the State of New York · 1972

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