MULLEN v. SIBLEY, LINDSAY & CURR CO.


51 N.Y.2d 924 (1980)

John J. Mullen, Appellant, v. Sibley, Lindsay & Curr Company et al., Respondents.

Court of Appeals of the State of New York.

Decided November 13, 1980.


Attorney(s) appearing for the Case

Samuel G. Brundage for appellant.

Thomas C. Burke and Jeffrey M. Wilkens for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs to abide the event, and the case remitted to Supreme Court for a new trial.

We cannot conclude that the evidence in this case was sufficient, as a matter of law, to establish that the security guard had probable cause to arrest appellant. According to appellant's story, which might have been credited by the jury, after he had placed the...

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