Klyn v. Travelers Indemnity Co.

Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion seeking summary judgment dismissing the complaint. Defendant denied a property loss claim submitted under an “employee dishonesty” endorsement of a policy of insurance issued to Buffalo Tontine Shops Corp. (Tontine) and assigned to plaintiff. Plaintiff commenced this action alleging that she is entitled to payment because Tontine’s comptroller embezzled funds from a payroll account over which he had sole control by secretly and…