WISHMAN v. GENESEE-MONROE RACING ASS'N, INC.


43 A.D.2d 785 (1973)

Mark Wishman et al., as Assignees of and Successors in Interest to Inez Wishman, Appellants, v. Genesee-Monroe Racing Association, Inc., Also Known as Batavia Downs, et al., Respondents

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

December 6, 1973


Order unanimously modified in accordance with memorandum and as modified affirmed, without costs.

Memorandum:

Plaintiff's right to examine defendant corporation upon all the causes of action stated in the complaint is limited where she has not established a right to an accounting. It is clear from the instant record that the sole basis for plaintiff's claim of stock ownership in the defendant is her bald assertion thereof in the complaint. There is no supporting...

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