JACQUES v. SEARS, ROEBUCK & CO.


30 N.Y.2d 466 (1972)

Henry Jacques, Appellant, v. Sears, Roebuck & Company, Inc. et al., Respondents.

Court of Appeals of the State of New York.

Decided June 8, 1972.


Attorney(s) appearing for the Case

Beverly A. Michaels for appellant.

William L. Allen, Jr. for respondents.

Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur; Chief Judge FULD taking no part.


BREITEL, J.

Section 218 of the General Business Law gives a retail merchant a defense in an action for false arrest and imprisonment for its detention of a suspect shoplifter if reasonable. The issue is whether the merchant's defense extends to the arrest outside its store and to the continuing custody, including that by the police, of one who left the store with unpaid-for merchandise.

The appeal comes...

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