Russ v. State Employees Federal Credit Union
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Appeal from an order of the Supreme Court (Lamont, J.), entered November 8, 2001 in Albany County, which granted defendants’ motion for summary judgment dismissing the complaint.
On October 15 and 16, 1997, three unauthorized withdrawals were made from a member’s account at defendant State Employees Federal Credit Union (hereinafter SEFCU). An investigation commenced by SEFCU internal audit manager John Gallagher revealed that plaintiff had tendered his resignation and left on a preplanned vacation to Texas on the day following the last of the withdrawals and branch security tapes…
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