Opinion
Argued January 4, 1978
Decided February 7, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MILTON SANDERS, J.
Monroe E. Stein for appellant.
Douglas A. Boeckmann for respondents.
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.