SIMMONDS v. ABRAHAM & STRAUS DEP'T STORE, INC.


118 A.D.2d 553 (1986)

Nancy Simmonds, Respondent, v. Abraham and Straus Department Store, Inc., Appellant

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

March 3, 1986


Judgment reversed, insofar as appealed from, on the law and the facts, and new trial granted on the issue of liability only, with costs to abide the event.

The defendant detained the plaintiff, a former sales clerk, at an office near its store, and subsequently had her arrested. The plaintiff allegedly failed to record a sale and then put the cash proceeds of the sale in her pocket. The trial court erred in directing a verdict in the plaintiff's favor at the close...

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