Flushing Savings Bank v. Hartford Fire Insurance

—Order, Supreme Court, New York County (Carol Huff, J.), entered November 21, 1995, which denied plaintiff’s motion for partial summary judgment on the issue of liability and granted defendant’s cross-motion for summary judgment dismissing the complaint, unanimously reversed, on the law, with costs, defendant’s cross-motion denied, the complaint reinstated and plaintiff’s motion granted.

The motion court’s interpretation of the indemnity bond, that the loss due to the robbery of plaintiff’s messenger was removed from the ambit of the bond’s "in transit” coverage by the uncollected funds…