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BELL v. GAP, INC.

189 Misc.2d 719 (2001)

735 N.Y.S.2d 708

PAMELA BELL, Appellant, v. GAP, INC., Doing Business as GAP Kids, Respondent.

Supreme Court, Appellate Term, First Department.

August 8, 2001.

Attorney(s) appearing for the Case

Harriette N. Boxer, New York City, for appellant.

McAndrew Conboy & Prisco, Woodbury (Thomas McCarthy of counsel), for respondent.

McCOOE, J. P., GANGEL-JACOB and SUAREZ, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Judgment entered September 18, 2000 affirmed, with $25 costs.

Plaintiff consented to the trial court's charge of General Business Law § 218 as a defense to this false arrest action, and has therefore failed to preserve her present appellate argument that the statute was inapplicable to the store incident in question (CPLR 4110-b). Moreover, section 218 provides a...

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