Opinion
October 5, 1942.
Motion for inspection of books and records of a corporation pursuant to article 78 of the Civil Practice Act and section 10 of the Stock Corporation Law (Cons. Laws, ch. 59). Order granting motion for inspection reversed on the law and the facts, without costs, and matter remitted to the Special Term for trial of the issue as to whether petitioner is a stockholder of A.E. Munyer Electrotype Co., Inc. A triable issue as to respondent's ownership of any stock is created by the pleadings and papers. (Civ. Pr. Act, § 1295.) Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur.