Haggerty v. Federated Department Stores, Inc.

Appellate Division of the Supreme Court of New York

Haggerty v. Federated Department Stores, Inc.

65 A.D.2d 617, 409 N.Y.S.2d 543, 1978 N.Y. App. Div. LEXIS 13308

Appellate Division of the Supreme Court of the State of New York·Decided October 30, 1978·Published·Cited by 1 cases

Opinion

—In an action to recover compensatory and exemplary damages, inter alia, for gross negligence and false imprisonment, the plaintiffs appeal from an order of the Supreme Court, Kings County, dated June 28, 1978 which, inter alia, denied their motion for summary judgment. Order affirmed, with $50 costs and disbursements. The gravamen of plaintiffs’ complaint is false imprisonment and accordingly questions as to the legality of their detention are governed by section 218 of the General Business Law. Whether there were "reasonable grounds” for the detention, whether they were detained "in a reasonable manner” and whether the detention was "for not more than a reasonable time” are questions of fact to be determined upon a jury trial. Martuscello, J. P., Latham, Damiani and Titone, JJ., concur.

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—In an action to recover compensatory and exemplary damages, inter alia, for gross negligence and false imprisonment, the plaintiffs appeal from an order of the Supreme Court, Kings County, dated June 28, 1978 which, inter alia, denied their motion for summary judgment. Order affirmed, with $50 costs and disbursements. The gravamen of plaintiffs’ complaint is false imprisonment and accordingly questions as to the legality of their detention are governed by section 218 of the General Business Law. Whether there were "reasonable grounds” for the detention, whether they were detained "in a reasonable manner” and whether the detention was "for not more than a reasonable time” are questions of fact to be determined upon a jury trial. Martuscello, J. P., Latham, Damiani and Titone, JJ., concur.

Haggerty v. Federated Department Stores, Inc., 65 A.D.2d 617, 409 N.Y.S.2d 543, 1978 N.Y. App. Div. LEXIS 13308 (N.Y. Ct. App. 1978).

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65 A.D.2d 617 (Haggerty v. Federated Department Stores, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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