CONTEH v. SEARS, ROEBUCK AND CO.


38 A.D.3d 314 (2007)

831 N.Y.S.2d 408

LAMIN CONTEH, Respondent-Appellant, v. SEARS, ROEBUCK AND CO. et al., Appellants-Respondents.

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

Decided March 15, 2007.


Summary judgment dismissing the malicious prosecution and false imprisonment claims should have been granted since plaintiff failed to raise triable issues as to whether the manner and length of his detention by defendant retail merchant, on suspicion of theft of merchandise, were unreasonable (see General Business Law § 218). Quite apart from the protections afforded defendants under General Business Law § 218, their actions in summoning the police, initiating...

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