Compass Group, USA, Inc. v. Mazula

Appeal from an order of the Supreme Court (Benza, J.), entered August 11, 2004 in Albany County, which denied defendant’s motion to vacate a default judgment entered against him.

Plaintiff, a vending machine business, erroneously issued *1095container 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. In…