Mercure, J.P.
This wrongful death action arose out of an incident during which defendant fatally shot plaintiffs' son, James Alexy (hereinafter decedent). As set forth in defendant's moving papers, defendant responded to his front doorbell but found no one at the door. Decedent was seen running to the back of defendant's house. Defendant fired a rifle into the air and yelled at decedent to leave, but decedent entered the house through the back door. When defendant...
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