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MATTER OF RAYNOR v. YARDARM CLUB HOTEL, INC.

32 A.D.2d 788 (1969)

In the Matter of J. Madison Raynor, Respondent, v. Yardarm Club Hotel, Inc., et al., Appellants

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

June 9, 1969

Order affirmed, insofar as appealed from, with $10 costs and disbursements.

In our opinion, even if we were to go so far as to assume that there is an issue of fact present as to petitioner's good faith in instituting this proceeding, the burden would not be on him to demonstrate his good faith but on the appellant corporation to show his bad faith (5 Fletcher, Cyclopedia Corporations [Perm. ed.], § 2220, pp. 816-817...

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