MATTER OF COHEN v. COCOLINE PRODS.


309 N.Y. 119 (1955)

In the Matter of Samuel Cohen, Respondent, v. Cocoline Products, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided July 8, 1955


Attorney(s) appearing for the Case

Elliot A. Wysor and Leonard S. Halpert for appellants.

Charles Gottlieb for respondent.

CONWAY, Ch. J., VAN VOORHIS and BURKE, JJ., concur with FROESSEL, J.; DESMOND, J., dissents in part in an opinion in which DYE and FULD, JJ., concur.


FROESSEL, J.

This is an article 78 proceeding, in the nature of mandamus, for an order compelling respondent corporation to permit petitioner Cohen to inspect its corporate books and records. At the time this proceeding was instituted, Cohen was a director of the corporation, and had been such continuously since its organization in 1940. He transferred his previously held stock in this corporation to his wife...

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