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HUI MIN LI v. CITY OF NEW YORK

6115, 105858/07.

89 A.D.3d 593 (2011)

933 N.Y.S.2d 30

2011 NY Slip Op 8469

HUI MIN LI, Respondent, v. CITY OF NEW YORK et al., Defendants, and HONG KONG SUPERMARKET, INC., Appellant.

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

Decided November 22, 2011.

Defendant failed to demonstrate conclusively that plaintiff's cause of action for false imprisonment as against it is without merit (see Martinez v City of Schenectady, 97 N.Y.2d 78, 85 [2001]). The conflicting testimony presents issues of fact whether plaintiff was detained or remained voluntarily in the store after defendant accused her of stealing rice cakes and, if she was detained, whether the detention was conducted in a reasonable...

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