Restrepo v. Home Depot U.S.A., Inc.

The Supreme Court properly denied that branch of the defendant’s motion which was for summary judgment dismissing the causes of action to recover damages for false arrest, false imprisonment, assault, battery, and violation of civil rights based upon the defense afforded to merchants under General Business Law § 218. Since the defendant failed to eliminate all triable issues of fact as to whether it had reasonable grounds to detain the plaintiff, whether the detention was conducted in a reasonable manner, and whether the detention was for a reasonable duration, it failed to demonstrate its…