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ROSCOE v. CENT NAT BANK

96 Misc.2d 517 (1978)

Ernest Roscoe, Plaintiff, v. Central National Bank of Canajoharie, Defendant.

Supreme Court, Schenectady County.

September 25, 1978

Attorney(s) appearing for the Case

Maynard, O'Connor & Smith (J. Vincent Smith of counsel), for defendant. E. Stewart Jones and Arthur Rosen for plaintiff.

CARROL S. WALSH, JR., J.

Motion by defendant, pursuant to CPLR 3211 (subd [a], par 7), for judgment dismissing the complaint herein for failure to state a cause of action.

The complaint alleges that on June 19, 1976, a Saturday, plaintiff, in the performance of his duties as an employee of Goodhope Industries which owned and operated a gas station in Delanson, Schenectady County, deposited the sum of...

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