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MASONE v. UNISHOPS OF MODELL'S INC.

73 A.D.2d 611 (1979)

John Masone, an Infant, by His Father and Natural Guardian, Thomas Masone, et al., Respondents, v. Unishops of Modell's Inc., et al., Appellants

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

December 10, 1979

Order reversed, on the law, with $50 costs and disbursements, and motion for summary judgment is granted.

Plaintiffs initiated this action predicated upon an alleged illegal sale by defendants of an "air rifle" to Frank Gianotti, a 12 year old, in violation of subdivision 5 of section 265.10 of the Penal Law. Defendants sought summary judgment dismissing the complaint upon the ground that the purchase of the rifle had been...

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