Appellate Division of the Supreme Court of the State of New York June 25, 1971 (Jacques v. Sears Roebuck & Co.)

Cardamon®, J. (dissenting).

I dissent. In his complaint, Jacques alleged that his failure to pay was unintentional. The defendants denied this and to meet the plaintiff’s claim of a *124false arrest alleged in three separate affirmative defenses that the arrest was (1) justified under section 183 of the 'Code of Criminal Procedure; (2) privileged under section 218 of the General Business Law; and