Legal Opinion
Mullen v. Sibley
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1979PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Cardamone, J. P.
During the noon hour on a cold day in February, 1975 plaintiff-respondent, John Mullen, went shopping in the East-view Mall in Victor, New York, a suburb of Rochester. While in defendant-appellant Sibley, Lindsay & Curr’s (Sibley) branch store in the mall, respondent took a $6 tie rack and put it into an empty shopping bag that he had brought into the store with him. Upon leaving he was apprehended by *23defendant-appellant Cometa, a security guard employed by Sibley. At that time Mr. Mullen was in the vestibule—a 12-foot space between the interior glass doors…
2Cases cited11 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
- Burt v. . SmithNew York Court of Appeals · 1905
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- Boose v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1979
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3Cited by5 opinions
- Boose v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1979
- Oakley v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1979
- Hines v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1981
- Feinberg v. Saks & Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Ziparo v. GarageAppellate Division of the Supreme Court of the State of New York · 1980