The infant plaintiff was struck in the right eye by a pellet discharged from an air rifle by one Frank Russo, a 13-year-old boy. The action was brought against the owner of a general store and was predicated upon an alleged violation by him of section 1896 of the Penal Law in that he sold an air rifle to said Frank Russo, an infant under the age of 16 years. Special Term denied the motion upon the ground that the papers presented a triable issue of fact as to whether the...
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