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HOPPE, IV v. HOPPE, III

281 A.D.2d 595 (2001)

724 N.Y.S.2d 65

HARRY HOPPE, IV, an Infant, by His Mother and Natural Guardian, CARLA WHELAN, et al., Respondents, v. HARRY HOPPE, III, Also Known as HARRY HOPPE, JR., Appellant.

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

Decided March 26, 2001.

Ordered that the order is affirmed, with costs.

The infant plaintiff was entrusted by his father, the defendant herein, with a hammer and a container of nails which contained an "explosive nail gun cartridge." He was injured when he struck the cartridge with the hammer, causing the cartridge to explode. Contrary to the defendant's contentions, the Supreme Court correctly denied his motion for summary judgment dismissing...

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