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H. & H. K. TOYS & SPORTING, INC. v. LUMBERMENS MUT. CAS. CO.

42 A.D.2d 634 (1973)

H. & H. K. Toys & Sporting, Inc., Doing Business as Trudy's Toyland, et al., Appellants, v. Lumbermens Mutual Casualty Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 25, 1973

The plaintiffs are the defendants in an action brought against them on behalf of an infant which alleged that on August 1, 1967 Helen Kaufman sold B-B pellets to another infant who caused injuries by shooting the said pellets at the foresaid plaintiff infant. The negligence of Helen Kaufman was premised upon subdivision 5 of section 265.10 of the Penal Law. Lumbermens Mutual Casualty Company is the insurer of the plaintiffs herein and has denied coverage for the incident...

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