Appellate Division of the Supreme Court of the State of New York January 31, 1985 (Trott v. Merit Department Store)

lead-opinion

OPINION OF THE COURT

Asch, J.

It is essentially undisputed that on December 14, 1976, at approximately 9:00 p.m., defendant Bashor, a security guard employed by defendant Merit, observed plaintiff stealing property from a woman in the shopping mall.