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MATTER OF NIGGLI v. RICHLIN MACHINERY, INC.

257 A.D.2d 623 (1999)

684 N.Y.S.2d 254

In the Matter of C. ROGER NIGGLI, Respondent, v. RICHLIN MACHINERY, INC., Appellant.

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

Decided January 19, 1999.

Ordered that the judgment is reversed, without costs or disbursements, and the matter is remitted to Supreme Court, Suffolk County, for further proceedings in accordance herewith.

Although the petitioner's common-law right, as a shareholder, to inspect the appellant's corporate books and records "is enforcible subject to the sound discretion of the Trial Judge" (Matter of Ochs v Washington Hgts. Fed. Sav. & Loan Assn., 17 N.Y.2d 82

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