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MUZA v. NIKETOWN NEW YORK

278 A.D.2d 13 (2000)

717 N.Y.S.2d 142

JUAN MUZA, Respondent, v. NIKETOWN NEW YORK, Appellant, et al., Defendant.

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

Decided December 5, 2000.

In this action, where plaintiff, a correction officer, was detained at Niketown and subsequently arrested for making purchases of clothing with purportedly fraudulent credit cards, summary judgment was properly denied. While, contrary to the view of the motion court, the defense set forth (General Business Law § 218) may be available to Niketown under the instant circumstances (see, Wolin v Abraham & Straus,

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