Appellate Division of the Supreme Court of New York, 1929

Hoffman v. Lincoln Smoked Fish Corp.

Hoffman v. Lincoln Smoked Fish Corp.
Appellate Division of the Supreme Court of New York · Decided June 15, 1929
227 A.D. 602
Hoffman v. Lincoln Smoked Fish Corp.

Opinion of the Court

Peremptory mandamus order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with fifty dollars costs. The petition is insufficient for the reason that the source of petitioner’s information and the grounds of his belief are not set forth. Further, all except the formal allegations are denied in the answering affidavits, and the *603corporation has alleged facts which, if true, constitute bad faith on the part of the petitioner. These facts are undenied. Lazansky, P. J., Rich, Hagarty, Carswell and Seudder, JJ., concur.

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