Order reversed, on the law, without costs, and motion for summary judgment granted.
In the absence of any claim that the firearm was defective when sold, it is our opinion that defendant, which sold a rifle to a 17-year-old boy, such sale not being prohibited by statute (cf. former Penal Law, § 1898, subd. 5, which provided that the seller of a firearm to a minor under the age of 16 years is guilty of a misdemeanor), cannot be held liable for an injury to a third...
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