RUSH v. CONWAY STORES, INC.


177 A.D.2d 266 (1991)

Geraldine M. Rush et al., Appellants, v. Conway Stores, Inc., Respondent

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

November 7, 1991


The plaintiff Geraldine M. Rush instituted this action for personal injuries purportedly sustained as a result of her false arrest at the defendant store. After a security guard found a lipstick which had not been paid for in the plaintiff's bag during a routine check, the plaintiff was detained and questioned. Another employee of the store subsequently informed the guard that the plaintiff had been given the lipstick as part of a promotion.

In its motion to vacate...

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