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GLOBE MOTOR CAR v. FIRST FIDELITY

273 N.J. Super. 388 (1993)

641 A.2d 1136

GLOBE MOTOR CAR COMPANY, PLAINTIFF, v. FIRST FIDELITY BANK, N.A., NEW JERSEY, JOHN W. GALLO, PETRICS, MESKIN & NASSAUR, EQUIFAX, PHIL L/N/U, SAHRON GALLO, W. KARMAN, JIMMY HAWKINS, JIMMY YAR, WALTER HARYE, SCOTT GALLO, TURK JORDAN, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided December 3, 1993.

Attorney(s) appearing for the Case

Anthony J. Fusco, Jr., for plaintiff.

Dennis T. Kearney, for defendant First Fidelity (Pitney, Hardin, Kipp & Szuch, attorneys).

John Peter Duggan, for defendant Petrics, Meskin & Nassaur (Wolf, Helies & Duggan, attorneys).

Thomas J. Biamonte, for defendant John W. Gallo (Giblin & Giblin, attorneys).

Robert J. Kelly, for defendant Equifax Co. (McElroy, Deutsch & Mulvaney, attorneys).

JULIO M. FUENTES, J.S.C.

This summary judgment motion concerns the liability of a bank to its depositor with respect to approximately $1.5 million embezzled by the depositor's employee. The entire sum was stolen by the employee, a compulsive gambler.

The facts are largely not disputed. Plaintiff, Globe Motor Car Company (Globe), is an automobile dealership located in Fairfield, New Jersey. Its day-to-day finances were mainly handled by the office manager,...

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