MATTER OF MARTIN v. COLUMBIA PICTURES CORP.


282 A.D. 686 (1953)

In the Matter of Lester Martin, Respondent, v. Columbia Pictures Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 30, 1953.


MEMORANDUM BY THE COURT.

The Supreme Court may in its discretion refuse an order in the nature of a peremptory mandamus for the examination of corporate records and books of account until material disputed issues of fact are determined (Matter of Durr v. Paragon Trading Corp., 270 N.Y. 464). We think that under the circumstances of this case and in the exercise of discretion the factual disputes relating to the good...

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