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WILDER v. STRAUS-DUPARQUEST, INC.

5 A.D.2d 1 (1957)

In the Matter of Jack Wilder, Appellant-Respondent, v. Straus-Duparquet, Inc., Respondent-Appellant

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

December 17, 1957.

Attorney(s) appearing for the Case

Martin Horwitz for appellant-respondent.

Haliburton Fales, II, of counsel (Joseph Hinsey, IV, with him on the brief; White & Case, attorneys), for respondent-appellant.

BREITEL, J. P., BOTEIN, VALENTE, BERGAN and BASTOW, JJ., concur.

Per Curiam.

In an article 78 (Civ. Prac. Act) proceeding, brought by a stockholder to compel the production and inspection of corporate books, a substantial issue has been raised with respect to the good faith of the stockholder in making the demand and in bringing this proceeding. Consequently, Special Term was correct in denying the petition at this time and in directing a trial of the issue, pursuant to the provisions...

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