Opinion · New York Court of Appeals
Mullen v. Sibley, Lindsay & Curr Co.
Mullen v. Sibley, Lindsay & Curr Co., 51 N.Y.2d 924 (New York Court of Appeals 1980)
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1980-11-13
- Topic
- general
How later courts describe this case
- reversing Appellate Division and holding the evidence sufficient to support a jury verdict finding security guard liable, for assault and battery where guard grabbed plaintiff by the arm as he attempted to leave a store
Citator
UpLaw has not yet analyzed Mullen v. Sibley, Lindsay & Curr Co.. The absence of a flag is not a finding that it is good law.
- Cited by
- 5 opinions
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs to abide the event, and the case remitted to Supreme Court for a new trial..
We cannot conclude that the evidence in this case was sufficient, as a matter of law, to establish that the security-guard had probable cause to arrest appellant. According to appellant’s story, which might have been credited by the jury, after he had placed the box.containing the tie rack in his shopping bag without paying for it and headed for a door to the street, he was holding an inner vestibule door open, facing inward when accosted by the security guard. He immediately admitted that he had not paid for the tie rack, stated that he was about to pay for it, and proceeded directly to the cash-wrap counter where, after he had tendered a $20 bill, he was arrested. In these circumstances the
Inasmuch as the Appellate Division reversed, on the law and facts, the case must be remitted to Supreme Court, Monroe County, for a new trial on all four causes of action.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.Order reversed, etc.