MOAKLER v. BLANCO


47 A.D.2d 614 (1975)

William Moakler, Respondent, v. Robert Blanco et al., Appellants

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

February 20, 1975


The record does not present any issue of fact necessitating a trial. Regardless of whether defendants' or plaintiff's version of the events is believed, there is no indication that the revolver was discharged as a result of a willful or intentional act. Not only did the defendants contend that the gun was accidentally discharged, but plaintiff also stated in his examination before trial, that the accident occurred while Blanco was "fooling around with the gun". Indeed, the...

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