MSZL&M’s New York Office Obtains Big Win for Retail Client

MSZL&M’s New York Office Obtains Big Win for Retail Client

Allen Kohn from MSZL&M’s New York office recently obtained early dismissal of a complaint against one of the firm’s large NASDAQ-traded retailer clients.  Plaintiff alleged he was Christmas shopping with his partner and granddaughters when security personnel falsely accused him of shoplifting, physically detained him in a security office, stole his personal property, fabricated evidence and submitted false police reports leading to his arrest.  All criminal charges were subsequently dismissed.  The complaint alleged a litany of offenses including illegal imprisonment, negligent hiring, cruel and unusual punishment, civil rights violations, malicious prosecution and constitutional rights violations.

Prior to depositions and the expenditure of any significant legal fees, MSZL&M filed a motion to dismiss setting forth why plaintiff’s allegations were time-barred and/or cannot be brought against a retailer.  Plaintiff responded by amending his complaint and attempting to circumvent the motion.   MSZL&M thereafter filed a second motion to dismiss, which was opposed by plaintiff.

The court granted the second motion to dismiss and dismissed all allegations against the retailer and its personnel.  The citation for the decision can be found at Coleman v. City of New York, No. 18-CV-11819 (RA), 2020 WL 905709 (S.D.N.Y. Feb. 25, 2020).