JENKINS v. JAMESWAY DEP'T STORE


174 A.D.2d 963 (1991)

Byron Jenkins, Respondent, v. Jamesway Department Store et al., Appellants

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

June 27, 1991


In contending that their motion for summary judgment to dismiss the complaint should have been granted, defendants argue that there were reasonable grounds for detaining plaintiff. However, in initially making their motion this issue was not raised before Supreme Court. It is therefore not properly before this court and may not be considered for the first time on appeal (see, Rohdie v Michael Guidice, Inc., 132 A.D.2d 541...

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