Jacques v. Sears, Roebuck & Co.

Section 218 of the General Business Law gives a retail merchant a defense in an action for false arrest and imprisonment for its detention of a suspect shoplifter if reasonable. The issue is whether the merchant’s defense extends to the arrest outside its store and to the continuing custody, including that by the police, of one who left the store with unpaid-for merchandise.

The appeal comes to this court with plaintiff’s complaint dismissed, after a general jury verdict in his favor in the City Court of Syracuse. The Onondaga County Court had reversed and ordered a new trial on the ground…