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Sloane v. Officers & Directors of 425 West 25th Street Corp.

1 A.D.2d 652 Court N.Y. App. Div. Decision date 1955-12-06 English

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p. 652
In the Matter of Lucille Sloane, as Stockholder of 425 West 25th Street Corp., Appellant, against Officers and Directors of 425 West 25th Street Corp., Respondents.

Order dismissing petition by stockholder to examine the books and records of the corporation unanimously reversed and the petition granted, with $20 costs and disbursements to the appellant. There are no facts averred in the record tendering the issue of bad faith on the part of petitioner. Facts showing a lack of gratitude are not a substitute for establishing an issue of bad faith or improper motive. The date for the examination to proceed shall be fixed in the order. Settle order on notice. Concur — Breitel, J. P., Bastow, Botein, Rabin and Cox, JJ.