Sakow v. City King Restaurant, Inc.

Appellate Division of the Supreme Court of New York

Sakow v. City King Restaurant, Inc.

281 A.D.2d 276, 722 N.Y.S.2d 145, 2001 N.Y. App. Div. LEXIS 2970

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 20, 2001

StatusPublished

This text of 281 A.D.2d 276 (Sakow v. City King Restaurant, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sakow v. City King Restaurant, Inc., 281 A.D.2d 276, 722 N.Y.S.2d 145, 2001 N.Y. App. Div. LEXIS 2970 (N.Y. Ct. App. 2001).

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Opinion

—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.

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 American Metal Climax, 27 AD2d 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. Concur — Nardelli, J. P., Tom, Mazzarelli and Rubin, JJ.

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—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.

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 American Metal Climax, 27 AD2d 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. Concur — Nardelli, J. P., Tom, Mazzarelli and Rubin, JJ.

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Bluebook (online)

281 A.D.2d 276, 722 N.Y.S.2d 145, 2001 N.Y. App. Div. LEXIS 2970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sakow-v-city-king-restaurant-inc-nyappdiv-2001.

Opinion

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