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SCHILLACI v. FIRST FIDELITY BANK

311 N.J. Super. 396 (1998)

SANDRA L. SCHILLACI, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. FIRST FIDELITY BANK, DEFENDANT-RESPONDENT/CROSS-APPELLANT, AND CUMBERLAND FARMS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1998.

Attorney(s) appearing for the Case

Kyle N. Thompson, argued the cause for appellant/cross-respondent (Hannold, Marshall & Becker, attorneys; Mr. Thompson, on the brief).

Mark E. Utke, argued the cause for respondent/cross-appellant (Margolis Edelstein, attorneys; Mr. Utke, on the brief).

David S. Cohen, argued the cause for respondent (Edelstein, Mintzer & Sarowitz, attorneys; Lawrence M. Kelly, on the brief).

Before Judges BROCHIN, WEFING and BRAITHWAITE.

The opinion of the court was delivered by BROCHIN, J.A.D.

Plaintiff Sandra Schillaci was the manager of Cumberland Farms' Woodstown, New Jersey dairy store. Her duties included depositing the store's daily receipts of cash and food stamps in the bank. On November 7, 1992, she put the day's receipts, amounting to $1,325.52, in a night deposit bag and placed the bag in the night deposit box at the Woodstown branch of defendant First Fidelity Bank. On November 12, when...

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