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CRANE CO. v. ANACONDA CO.

51 A.D.2d 46 (1976)

In the Matter of Crane Co., Appellant, v. Anaconda Company, Respondent

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

January 29, 1976

Attorney(s) appearing for the Case

John J. Loflin, of counsel (R. Scott Greathead with him on the brief; Lord Day & Lord, attorneys), for appellant.

Edward C. McLean, Jr., of counsel (Michael C. Gilbert and Terry A. Thompson with him on the brief; Chadbourne, Parke, Whiteside & Wolff, attorneys), for respondent.

KUPFERMAN, J. P., and LUPIANO, J., concur with SILVERMAN, J.; MURPHY and YESAWICH, JJ., dissent and vote to affirm on opinion of ASCH, J., at Special Term.

SILVERMAN, J.

Petitioner Crane Co. appeals from a judgment of the Supreme Court at Special Term dismissing its petition under section 1315 of the Business Corporation Law for inspection of and access to the stock records of respondent Anaconda Company.

Petitioner-appellant Crane is the owner of over 2,350,000 shares or over 11% of the stock of respondent Anaconda. It is seeking to acquire by public tender up to a total of 5,000,000 shares or about...

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