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EARSING v. NELSON

212 A.D.2d 66 (1995)

629 N.Y.S.2d 563

Karen Earsing, Individually and as Parent and Natural Guardian of Bryan Earsing, an Infant, et al., Appellants-Respondents, v. Bonnie L. Nelson et al., Defendants, Service Merchandise Company, Inc., Appellant, and Daisy Manufacturing Company, Inc., Respondent. (Appeal No. 1.)

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

June 9, 1995

Attorney(s) appearing for the Case

Napier, Fitzgerald & Kirby, Buffalo (Kenneth Kirby of counsel), for Karen Earsing and another, appellants-respondents.

Feldman & Kieffer, Buffalo (James Kieffer of counsel), for appellant.

O'Shea, Reynolds & Cummings, Buffalo (Kevin Bauer of counsel), for respondent.

GREEN, J. P., LAWTON, DOERR and DAVIS, JJ., concur.

WESLEY, J.

I

Plaintiff Bryan Earsing was injured when he was hit by a BB shot from a gun that was manufactured by defendant Daisy Manufacturing Company, Inc. (Daisy), and sold by defendant Service Merchandise Company, Inc. (Service) to defendant Nicholas Nowinski, a 13-year-old boy. After purchasing the gun, Nowinski gave it to a 17-year-old friend, defendant Michael Garvey, for safekeeping. Plaintiffs...

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