Dziuma v. Korvettes

OPINION OF THE COURT

Fein, J.

Plaintiffs appeal from an order which granted defendant’s motion to amend its answer to assert waiver and release as *678affirmative defenses and upon such answer granted defendant summary judgment dismissing the complaint.

This action is brought to recover damages for "false arrest, false imprisonment and defamation” of plaintiff Michael Dziuma (Dziuma). On August 21, 1975, Dziuma was charged with shoplifting a pair of shoes while in one of defendant Korvettes’ department stores. Despite plaintiff’s assertion that he had purchased the pair of shoes earlier in the day…