NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 18, 2008
MENAHEM NEUMAN, INDIVIDUALLY, PLAINTIFF-APPELLANT, MENAHEM NEUMAN, ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,.
CENTURY 21 DEPARTMENT STORES LLC, DEFENDANT-RESPONDENT.
Order, Supreme Court, New York County (Debra A. James, J.), entered October 10, 2007, which granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion in limine as moot, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Lippman, P.J., Tom, Buckley, Moskowitz, Renwick, JJ.
Defendant established prima facie that it had reasonable grounds to detain plaintiff as a suspected shoplifter (General Business Law § 218; see Johnson v Lord & Taylor, 25 AD3d 435 ). Plaintiff failed to raise a triable issue as to the reasonableness of the detention (see Conteh v Sears, Roebuck & Co., 38 AD3d 314 , lv denied 9 NY3d 814 ). He voluntarily signed a confession that he intended to steal the merchandise, after which defendant called the police, who arrived 30 minutes later.
Defendant established its defense without the evidence that plaintiff sought to exclude.
We have considered plaintiff's remaining arguments and find them without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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