Simmonds v. Abraham & Straus Department Store, Inc.

In an action to recover damages for false arrest, the defendant appeals from so much of a judgment of the Supreme Court, Kings County (Pino, J.), entered April 12, 1985, as granted a directed verdict against the defendant on the issue of liability.

Judgment reversed, insofar as appealed from, on the law and the facts, and new trial granted on the issue of liability only, with costs to abide the event.

The defendant detained the plaintiff, a former sales clerk, at an office near its store, and subsequently had her arrested. The plaintiff allegedly failed to record a sale and then put the cash…