Kroese v. Meyer

Order, entered on October 18, 1962, granting application for inspection of books and records of a business trust (Massachusetts trust), unanimously reversed on the law, with $20 costs and disbursements to appellants, and the motion denied, and respondents’ cross motion to dismiss the petition granted. The business entity not being incorporated, the usual remedies available to a stockholder under article 78 of the Civil Practice Act provides no foundation for the relief sought (Matter of Newman, v. Smith, 263 App. Div. 85 , 88, affd. 289 N. Y. 545 ). Without reaching the question whether article 79 of the Civil Practice Act is available it is patent on the record that petitioner-respondent did not follow the correct procedure (Civ. Prae. Act, §§ 1308, 1309). Concur — Botein, P. J., Breitel, Yalente, Steuer and Bastow, JJ.