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PENNSYLVANIA GEN. INS. CO. v. KIELON

112 A.D.2d 709 (1985)

Pennsylvania General Insurance Company, Respondent-Appellant, v. David Kielon, Doing Business as Kielon Gunsmiths, Appellant-Respondent

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

July 12, 1985

Order unanimously affirmed, without costs.

Memorandum:

Defendant Kielon is a gunsmith. Either he or one of his employees sold gunpowder to 15- and 17-year-old brothers. The 15 year old attempted to construct a pipe bomb in the basement of his home; the powder exploded and he was fatally injured. A wrongful death action was commenced against Kielon, and he tendered the defense of the suit to plaintiff, his liability...

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