HINDERHOFER v. DAISY MANUFACTURING COMPANY, INC.


272 A.D.2d 444 (2000)

708 N.Y.S.2d 312

STEVEN HINDERHOFER et al., Respondents, v. DAISY MANUFACTURING COMPANY, INC., et al., Defendants, CHRISTOPHER CALDERONE, an Infant, by His Mother and Natural Guardian, ROSEMARY CALDERONE, et al., Respondents, and JAMES WALTEL, Appellant.

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

Decided May 15, 2000.


Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

We agree with the Supreme Court that there are triable issues of fact (see, CPLR 3212 [b]) as to whether the appellant's negligent entrustment of an air rifle to the infant defendant was the proximate cause of the injuries sustained by the infant...

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