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RENEE GUION, Appellant, v. ASSOCIATED DRY GOODS CORP. (LORD TAYLOR DIVISION) et al., Respondents, et al., Defendants.

MEMORANDUM.

Order affirmed, with costs.

On the record before us there is no predicate for punitive damages as a matter of law. Even assuming that the security supervisor's failure to inspect the counter was relevant to the false imprisonment cause of action, under the circumstances here, while his conduct could be found to be careless, it did not rise to the level of wantonness or maliciousness (cf. Walker v Sheldon, 10 N.Y.2d 401, 404 [FULD, J.]). And, since the evidence was insufficient to support plaintiff's claim for exemplary damages against all three employees through which the store acted, a fortiori there was no basis for recovery of such damages against their employer (see Walker v Lord Taylor, 236 App. Div. 111; 10 Encyclopedia New York Law, Damages, § 831, p 346).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order affirmed.

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GUION v. ASSOCIATED DRY GOODS CORP
(Feb 7, 1978)