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SPLAWNIK v. DI CAPRIO

146 A.D.2d 333 (1989)

Richard R. Splawnik, as Administrator of The Estate of Kathleen A. Splawnik, Deceased, Respondent, v. John F. Di Caprio, Jr., Individually and Doing Business as Sportsman's Shop, Appellant

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

May 4, 1989.

Attorney(s) appearing for the Case

Kelleher & Flink (Deborah A. Loncto of counsel), for appellant.

E. Stewart Jones (David J. Taffany of counsel), for respondent.

MAHONEY, P. J., CASEY, WEISS and YESAWICH, JR., JJ., concur.

HARVEY, J.

This action for wrongful death and personal injuries arises out of the suicide of plaintiff's wife, Kathleen A. Splawnik (hereinafter decedent). The pleadings allege that on December 26, 1985 decedent telephoned defendant, with whom she and her husband were well acquainted, and requested that defendant come to her house and help her load a 12-gauge shotgun so that she could shoot a rabbit lurking...

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