Opinion
November 16, 1994
Appeal from the Supreme Court, Monroe County, Stander, J.
Present — Green, J.P., Pine, Lawton, Callahan and Doerr, JJ.
Order unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: Supreme Court properly determined the issues concerning title to the disputed shares of stock and we affirm the first two ordering paragraphs of the order appealed from for reasons stated in the decision at Supreme Court (Stander, J.). We modify the order, however, by vacating the third ordering paragraph and by dismissing the first counterclaim of intervenor-defendant. Upon our review of the record, we conclude that intervenor-defendant failed to present proof sufficient to demonstrate the amount of money allegedly advanced to plaintiffs.