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ROKITKA v. BARRETT

303 A.D.2d 983 (2003)

757 N.Y.S.2d 184

MARK ROKITKA, as Parent and Natural Guardian of MARK ROKITKA, JR., Respondent, v. PATRICK BARRETT, Appellant, et al., Defendants.

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

Decided March 21, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action to recover damages for injuries sustained by his son Mark when a BB pellet shot by Patrick Barrett (defendant) struck Mark in the mouth. Several minutes before defendant obtained the BB gun, Mark and defendant John Piskun had each possessed the BB gun and taken a few shots. At the time of the accident...

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