Legal Question in Consumer Law in New York

Assaulted in Store by Store Asst. Mgr.

I don't know if this qualifies for any legal action on my part so I'm posting my question on this forum.

On 2/17/06 I attempted a return on an item in a store in NYC. The Assistant Manager refused the return. Then I raised my voice to speak to voice my objection. I did not use vulgar language. Next, the Assistant Manager of the store ran around the counter and grabbed me by the arm in his attempt to do whatever he was planning on doing. I'd have to ask him why he ran around the counter and grabbed and yanked me by my arm. While he was pulling me I removed his hands from my arm.

I called 911.

While waiting in the store for the police I exchanged another item. I also had a button repaired on my sports jacket.

When the Police arrived I spoke with Officer M. and another officer. I requested a police report. Officer M. indicated that there was nothing he could do as no one was hurt and could not give me a police report.

The end result was that I left the store with the item I had wanted to return. I was told by staff and police to return the item at another store.

Thank you for your time and help.


Asked on 2/20/06, 1:17 pm

1 Answer from Attorneys
Peter Moulinos Moulinos & Associates LLC

Re: Assaulted in Store by Store Asst. Mgr.

It sounds like you may have a civil claim for assault against the store owner, however I would have to review the entire situation to give you a determinitive answer.

Feel free to contact me should you wish to discuss this further.

Kind regards,

Peter Moulinos

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Answered on 2/20/06, 1:24 pm


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