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MULLEN v. SIBLEY, LINDSAY

71 A.D.2d 21 (1979)

John J. Mullen, Respondent, v. Sibley, Lindsay & Curr Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1979

Attorney(s) appearing for the Case

Lines, Wilkens, Osborn & Beck (Thomas C. Burke of counsel), for appellants.

Samuel B. Hall (Samuel Brundage of counsel), for respondent.

SIMONS, J. P., DOERR, WITMER and MOULE, JJ., concur.

CARDAMONE, J. P.

During the noon hour on a cold day in February, 1975 plaintiff-respondent, John Mullen, went shopping in the Eastview Mall in Victor, New York, a suburb of Rochester. While in defendant-appellant Sibley, Lindsay & Curr's (Sibley) branch store in the mall, respondent took a $6 tie rack and put it into an empty shopping bag that he had brought into the store with him. Upon leaving he was apprehended...

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