New York General Business Law Section 218

In Richardson v. New York University (202 AD2d 295, 609 N.Y.S.2d 180 [1st Dept 1994]), which is cited by Defendant, the First Department declares only that General Business Law 218 "gives a retail merchant a defense in an action for false arrest and imprisonment for its detention of a suspect shoplifter"(see id. at 296), and the decision itself demonstrates that a summary judgment movant must make a separate evidentiary showing with respect to any malicious prosecution or negligence cause of action, even if those causes of action arise from the same incident. The First Department separately considered the plaintiff's malicious prosecution and negligence causes of action, after first considering the applicability of General Business Law 218 to the plaintiff's false arrest and imprisonment causes of action.