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BARKER v. KALLASH

63 N.Y.2d 19 (1984)

James Barker, as Guardian ad Litem of George Barker, an Infant, Appellant, et al., Plaintiff, v. Abdullah Kallash et al., Defendants, and Daniel Melucci, Sr., and Another, as Guardians ad Litems of Daniel Melucci, Jr., et al., Respondents.

Court of Appeals of the State of New York.

Decided July 5, 1984.

Attorney(s) appearing for the Case

Richard T. Farrell and Marvin Suss for appellant.

Jeffrey S. Rovins and Salvatore A. Mazzoni for respondents.

Rosario D'Apice for Abdullah Kallash and another, defendants.

Chief Judge COOKE and Judges JONES and KAYE concur with Judge WACHTLER; Judge JASEN concurs in a separate opinion; Judge SIMONS dissents and votes to reverse in another opinion in which Judge MEYER concurs.

WACHTLER, J.

The question on this appeal is whether the 15-year-old plaintiff, who was injured while constructing a "pipe bomb", can maintain a tort action against the 9-year-old defendant who allegedly sold the firecrackers from which the plaintiff's companions extracted the gunpowder used to construct the bomb. The trial court granted summary judgment dismissing the cause of action against the defendant and...

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