Opinion
Argued October 21, 1954
Decided December 3, 1954
Appeal from the Supreme Court, Appellate Division, First Department, NATHAN, J., SCHREIBER, J.
Ferdinand Pecora and David H. Horowitz for appellant.
Meier Steinbrink, Harry Heller, William Gellin and Max M. Bernstein for respondent.
Order affirmed, with costs; no opinion.
Concur: LEWIS, Ch. J., DESMOND, DYE and FROESSEL, JJ. CONWAY, FULD and VAN VOORHIS, JJ., dissent in the following memorandum: While we, of course, agree that "the Supreme Court has power, in its sound discretion, upon good cause shown", to direct an inspection of corporate books ( Matter of Steinway, 159 N.Y. 250, 265; see, also, Matter of Durr v. Paragon Trading Corp., 270 N.Y. 464), we do not believe that such cause was shown to exist in this case to justify the order that was made.