EMPLOYERS INS. v. CHEM.


117 Misc.2d 601 (1983)

Employers Insurance of Wausau, as Subrogee of Suncrest Pharmacal Corp., et al., Plaintiffs, v. Chemical Bank, Defendant.

Civil Court of the City of New York, New York County.

January 26, 1983


Attorney(s) appearing for the Case

Herbert L. Schmell for plaintiffs. John B. Wynne for defendant.


EDWARD H. LEHNER, J.

The interesting issue to be resolved herein, on which there is surprisingly no appellate authority in this State and division in the few cases decided elsewhere, is where to place the loss in a situation where money is placed in a bank's night depository and inexplicably not found by the bank.

FACTS

This is an action to recover $11,084.50 which plaintiffs claim is the loss sustained when a deposit made by Suncrest...

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