CASHZONE CHECK v. VIGILANT

10965-653245/11, 10965A

116 A.D.3d 146 (2014)

981 N.Y.S.2d 698

2014 NY Slip Op 1565

CASHZONE CHECK CASHING CORP. et al., Appellants, v. VIGILANT INSURANCE COMPANY et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 11, 2014.


Attorney(s) appearing for the Case

Herrick, Feinstein LLP, New York City ( Alan R. Lyons of counsel), for appellants.

Rosner, Nocera & Ragone, LLP, New York City ( Joseph Goljan , John A. Nocera and John P. Foudy of counsel), for respondents.

MAZZARELLI, J.P., ACOSTA, SAXE, RICHTER and FEINMAN, JJ., concur.


OPINION OF THE COURT

SAXE, J.

Plaintiffs seek coverage under the "In Transit" clause of an insurance bond they purchased from defendant Vigilant Insurance Company, for losses they sustained due to an embezzlement scheme perpetrated by the principals of nonparty Mount Vernon Money Center (MVMC), an armored car company. The larcenies were perpetrated while plaintiffs' cash was being processed at MVMC's vault, en route between the Federal Reserve Bank and plaintiffs...

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