Appellate Division of the Supreme Court of New York, 1990

Gardega v. Washington Street Marine Officers Corp.

Gardega v. Washington Street Marine Officers Corp.
Appellate Division of the Supreme Court of New York · Decided December 20, 1990
168 A.D.2d 364
Gardega v. Washington Street Marine Officers Corp.

Opinion of the Court

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered February 9, 1990, which denied defendants’ motion for a protective order and permitted plaintiff to examine defendant corporation’s books and records to obtain a list of corporate members, unanimously affirmed, without costs.

*365Supreme Court’s factual findings, made after a hearing, that plaintiff is a member qualified to seek the membership list pursuant to Not-For-Profit Corporation Law § 621 (b) are not challenged on appeal. Nor has defendant established bad faith and improper purpose on plaintiff’s part. (Matter of Curkendall v United Fedn. of Correction Officers, 107 AD2d 935.) Defendant, throughout these proceedings, has raised only vague speculations as to plaintiff’s motives, and, in fact, never objected to the scope of the hearing, limited to plaintiff’s status as a member of the not-for-profit corporation. Concur— Murphy, P. J., Sullivan, Carro, Ellerin and Smith, JJ.

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