Opinion
June 28, 1944.
Present — Martin, P.J., Townley, Glennon, Untermyer and Cohn, JJ.
Order modified by eliminating therefrom the restriction limiting the examination to the period subsequent to January 12, 1939, and as so modified affirmed, with twenty dollars costs and disbursements to the petitioner-appellant. No opinion.
There is an issue of fact as to whether a demand to inspect the books of the corporation was ever refused. Accordingly, the final order herein should not have been granted. The matter should be remitted to the Special Term for a determination of that question before the issuance of a peremptory order. ( Matter of Wong Wah Yew v. Mun Hey Pub. Co., 275 N.Y. 615; Matter of Ellsworth, Barrows Co. v. Ward, 255 App. Div. 91.)