MALCOLM v. RITE AID OF N.Y., INC.

2012-00935.

100 A.D.3d 837 (2012)

954 N.Y.S.2d 587

2012 NY Slip Op 7964

ALVIN MALCOLM, Respondent, v. RITE AID OF NEW YORK, INC., et al., Appellants.

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

November 21, 2012.


Ordered that the order dated November 21, 2011, is affirmed insofar as appealed from, with costs.

The Supreme Court properly adhered to its original determination in an order dated April 7, 2010, denying that branch of the defendants' motion which was for summary judgment dismissing the complaint. The defendants did not establish their prima facie entitlement to judgment as a matter of law dismissing the causes of action to recover damages for false arrest, false...

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