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COMPASS GROUP, USA, INC. v. MAZULA

18 A.D.3d 1094 (2005)

795 N.Y.S.2d 395

COMPASS GROUP, USA, INC., Respondent, v. GLENN MAZULA, Individually and Doing Business as THE ABBEY and THE HOMESTEAD, Appellant.

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

May 26, 2005.

Rose, J.

Plaintiff, a vending machine business, erroneously issued container refund checks payable to defendant's adult home facility. Unbeknownst to defendant, Annette Haley, one of defendant's employees, appropriated the refund checks, endorsed her own name on them and deposited them into her personal bank account. In May 2003, after defendant refused to reimburse the money to plaintiff, plaintiff commenced this action...

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