Legal Opinion
Martinez v. Wegmans Food Markets, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2000PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint alleging false arrest. In July 1992 a loss prevention specialist employed by defendant observed plaintiff place two packages of meat in her cart and attempt to leave the store without paying for them. Plaintiff was arrested, but the charges were later dismissed in the interest of justice. “ ‘A cause of action to recover damages for false arrest does not lie if the defendant can establish the existence of probable cause for the plaintiff’s arrest’…
2Cases cited15 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Juarez v. Wavecrest Management Team Ltd.New York Court of Appeals · 1996
- People v. OlivoNew York Court of Appeals · 1981
- Jacques v. Sears, Roebuck & Co.New York Court of Appeals · 1972
- Scofield v. Trustees of Union CollegeAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by5 opinions
- Eagle Comtronics, Inc. v. Pico Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Denby v. Pace UniversityAppellate Division of the Supreme Court of the State of New York · 2002
- Harford v. County of BroomeDistrict Court, N.D. New York · 2000
- Harmon v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2020
- Albee v. SchoeneAppellate Division of the Supreme Court of the State of New York · 2000