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BARKER v. KALLASH

91 A.D.2d 372 (1983)

James Barker, as Guardian ad Litem of George Barker, an Infant, et al., Appellants, v. Abdullah Kallash et al., Defendants, and Daniel Melucci, Sr., et al., Respondents

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

February 7, 1983

Attorney(s) appearing for the Case

Marvin Suss (Richard T. Farrell of counsel), for appellants.

J. Robert Morris (Jeffrey S. Rovins of counsel), for respondents.

MOLLEN, P. J., RUBIN and BOYERS, JJ., concur.

NIEHOFF, J.

On this appeal we are called upon to determine whether one who is injured while engaged in a concededly wrongful act, the making of a "pipe bomb", may maintain an action against his alleged cohorts and contraband suppliers in order to recover money damages for the injuries sustained. Inasmuch as a recovery in such case would result in allowing one who was committing wrongful conduct injurious to the public interest to recover money damages...

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