Opinion
March 20, 2001.
Judgment, Supreme Court, New York County (Barry Cozier, J.), entered November 5, 1999, which, after a nonjury trial, dismissed plaintiff shareholder's complaint for failure to make out a prima facie case, unanimously affirmed, without costs.
Morton S. Robson, for plaintiff-appellant.
Andrew Kanter, for defendants-respondents.
Before: Nardelli, J.P., Tom, Mazzarelli, Rubin, JJ.
Plaintiff shareholder's complaint, alleging that defendant's decedent converted and misappropriated corporate assets, was properly dismissed since plaintiff failed to adduce evidence sufficient to establish that defendant's decedent had on any specific occasion misappropriated funds or made erroneous or deceitful entries in the corporation's records or books (see, Greenbaum v. Am. Mut. Climax, Inc., 27 A.D.2d 225, 232). The purported admission of defendant's decedent, which was disputed, was not competent, standing alone, to prove that defendant's decedent misappropriated the corporation's assets for his own personal use.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.