Legal Opinion
Waynes v. BJ's Wholesale Club, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 2012Published
1Opinion of the Court
*660The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter ofAho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
On or about May 27, 2007, the plaintiff was detained by employees of the defendant BJ’s Wholesale Club, Inc. (hereinafter BJs), on suspicion of shoplifting. At her deposition, the plaintiff testified that she found a wallet and was on her way to…
2Cases cited11 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- In re AhoNew York Court of Appeals · 1976
- Wyllie v. District AttorneyAppellate Division of the Supreme Court of the State of New York · 2003
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