Opinion
July 10, 1967
Judgment of the Supreme Court, Queens County, dated December 27, 1966, reversed, on the law and the facts, with costs, and proceeding dismissed. Findings of fact inconsistent herewith are reversed and new findings of fact are made in accordance herewith. In our opinion, plaintiff failed to prove by a preponderance of the evidence that Samuel Zaretsky was the owner of the five outstanding shares of stock of Zaret Realty Corp. In the absence of such quantum of proof, this proceeding must fail. Beldock, P.J., Rabin, Benjamin, Munder and Nolan, JJ., concur.