Roscoe v. Central Natinal Bank

OPINION OF THE COURT

Carrol S. Walsh, Jr., J.

Motion by defendant, pursuant to CPLR 3211 (subd [a], par 7), for judgment dismissing the complaint herein for failure to state a cause of action.

The complaint alleges that on June 19, 1976, a Saturday, plaintiff, in the performance of his duties as an employee of Goodhope Industries which owned and operated a gas station in Delanson, Schenectady County, deposited the sum of $200, part of the station’s daily cash receipts, in a depository maintained and designated by defendant to be used for such purposes after banking hours. It is further alleged…