Even apart from the question of applicability of subdivision (3) of section 3-419 of the Uniform Commercial Code, there appear to be questions of fact which preclude summary judgment at this time. Thus apart from the bald statement to that effect, and a statement by the attorney for the plaintiff that the alleged thief admitted it, there are no evidentiary facts establishing that "an employee of the plaintiff's stole the checks [totaling $255,340] from plaintiff and opened...
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