SCHRAGER v. R. H. MACY & CO., INC.


149 A.D.2d 331 (1989)

Bernard Schrager et al., as Administrators of The Estate of Geni Schrager, Deceased, Respondents, v. R. H. Macy & Co., Inc., Appellant

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

April 11, 1989


This case grows out of an incident in Macy's Herald Square store in New York County on or about December 30, 1979. Plaintiff's decedent claimed that she was assaulted and unlawfully detained by Macy personnel. Macy denied the charge. After an extended history of nonproduction of witnesses and documents, the defendant was ordered to subpoena for examination before trial nine former employees who might have some knowledge of the incident. The record reveals that some

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