UTICA MUTUAL INSURANCE COMPANY v. AVERY


261 A.D.2d 802 (1999)

690 N.Y.S.2d 760

UTICA MUTUAL INSURANCE COMPANY, as Subrogee of the Town of Sand Lake, Appellant, v. LAURA AVERY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 20, 1999.


Mikoll, J.

Defendant was employed as Clerk of the Town of Sand Lake Justice Court from April 16, 1990 through January 23, 1991. On January 23, 1991, she was asked to resign based upon a State audit revealing discrepancies in the Justice Court's financial records, including missing funds in excess of $3,000. The Town subsequently submitted a claim to plaintiff for the loss, which plaintiff settled in December 1992 with a payment of $3,648.

On February 10, 1997...

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