Hilpert v. Yarmosh

In a shareholder’s derivative action, (1) plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County, entered January 3, 1980, as, after a nonjury trial, dismissed the complaint, and (2) defendants cross-appeal from so much of the same judgment as dismissed their counterclaim. Judgment affirmed, without costs or disbursements. Affirmance is warranted because the quantum of proof proffered by the *616plaintiff in this stockholder’s derivative action does not support a grant of relief. We are constrained, however, to note our disagreement with the trial court’s view that…