Appellate Division of the Supreme Court of New York, 1941

Corporate Employment Service, Inc. v. Moss

Corporate Employment Service, Inc. v. Moss
Appellate Division of the Supreme Court of New York · Decided April 10, 1941
261 A.D. 586; 26 N.Y.S.2d 663; 1941 N.Y. App. Div. LEXIS 7388

Counsel

William E. Vogel of counsel [J. Frederic Taylor with him on the brief; Burke & Burke, attorneys], for the petitioner., Francis J. Bloustein of counsel [Paxton Blair with him on the brief; William C. Chanter, Corporation Counsel], for the respondent.

Corporate Employment Service, Inc. v. Moss

Opinion of the Court

Per Curiam.

The evidence fails to establish any violation by the licensee of the provisions of the General Business Law. The licensee duly maintained the register required by section 179 of the General Business Law and allowed inspection of all books “ required to be kept pursuant to this article,” as required by section 184 of the General Business Law. In the absence of some provision authorizing inspection of other papers in the possession of the licensee, its refusal to produce such papers for inspection did not constitute any violation of the law.

The determination should be annulled, with fifty dollars costs and disbursements, and the petitioner’s license reinstated.

Present — 'O’Malley, Townley, Glennon, Untermyer and Cohn, JJ.

Determination unanimously annulled, with fifty dollars costs and disbursements to the petitioner, and the petitioner’s license reinstated. Settle order on notice.

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