Geraldine Jones, one of the attorneys in your department, comes to your office and hands you an incident report filed by the local manager of the Assaults and Batteries store located in Poughkeepsie, New York. The report details an incident that took place at the Poughkeepsie store on July 19, 2022. (See "Incident Report" included in the link below).
Ms. Jones explains to you that the customer involved in the incident has threatened to file a civil lawsuit charging false imprisonment, assault, and battery against the company. She asks you to write a memo to her explaining whether the employees' actions in this case would likely be covered by the "shopkeeper's defense" (lawful detention defense) in New York. She tells you to consult General Business Law Section 218 for guidance as to what the law is in New York State and to also reference New York State case law. (General Business Law Section 218 and the two cases you should use are also included below).

Q&A Education