MATTER OF MARCATO


102 A.D.2d 826 (1984)

In the Matter of David N. Marcato, Respondent. Marcato Elevator Company, Inc., Appellant

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

June 4, 1984


¶ Judgment reversed, on the law, without costs or disbursements and matter remitted to Special Term for a hearing in accordance herewith.

¶ The burden of proof as to petitioner's "good faith" in seeking to inspect corporate books or records falls on a different party depending on whether such right is asserted under the Business Corporation Law or under common law. "When asserting a common-law right of access the petitioner must plead and prove that inspection...

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