CAROLLO v. SUPERMARKETS GENERAL


251 N.J. Super. 264 (1991)

597 A.2d 1105

ANTHONY CAROLLO, PLAINTIFF-APPELLANT, v. SUPERMARKETS GENERAL CORP., T/A PATHMARK AND VICKI GAUDREAU, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 23, 1991.


Attorney(s) appearing for the Case

James G. Serritella argued the cause for appellant (Buttafuoco, Karpf & Arce, attorneys).

Jerald F. Oleske argued the cause for respondents (Maloof, Lebowitz & Bubb, attorneys).

Before Judges PRESSLER, SHEBELL and SKILLMAN.


The opinion of the court was delivered by PRESSLER, P.J.A.D.

Plaintiff Anthony Carollo appeals from a summary judgment dismissing his malicious prosecution complaint against defendants Supermarkets General Corp. (Pathmark) and its security officer, Vicki Gaudreau. We affirm, agreeing with the trial judge that Gaudreau, beyond any factual dispute, had sufficient probable cause to initiate the shoplifting proceedings which are the gravamen of the complaint.

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