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WILLIAMS v. BEEMILLER, INC.

CA 11-02092.

100 A.D.3d 143 (2012)

952 N.Y.S.2d 333

DANIEL WILLIAMS et al., Appellants, v. BEEMILLER, INC., Doing Business as HI-POINT, et al., Respondents, et al., Defendants, and UNITED STATES OF AMERICA, Intervenor-Respondent. (Appeal No. 1.)

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

October 5, 2012.

Attorney(s) appearing for the Case

Connors & Vilardo, LLP, Buffalo ( James W. Grable, Jr. and Eric M. Soehnlein of counsel), and Brady Center to Prevent Gun Violence, Washington, D.C. ( Jonathan E. Lowy , of the Washington, D.C. bar, admitted pro hac vice, of counsel), for plaintiffs-appellants.

Renzulli Law Firm, LLP, White Plains ( Scott C. Allan of counsel), for defendant-respondent Beemiller, Inc., Doing Business as Hi-Point.

Scott L. Braum & Associates, Ltd., Dayton, Ohio ( Scott L. Braum , of the Ohio bar, admitted pro hac vice, of counsel), and Damon Morey LLP, Buffalo ( Hedwig M. Auletta of counsel), for defendant-respondent Charles Brown.

Pisciotti, Malsch & Buckley, P.C., White Plains ( Jeffrey M. Malsch of counsel), for defendant-respondent MKS Supply, Inc.

William J. Hochul, Jr. , United States Attorney, Washington, D.C. ( Benjamin S. Kingsley of counsel), for intervenor-respondent.

CENTRA, J.P., CARNI, LINDLEY and SCONIERS, JJ., concur.

OPINION OF THE COURT

PERADOTTO, J.

Plaintiffs commenced this action seeking damages for injuries sustained by Daniel Williams (plaintiff) in an August 2003 shooting in the City of Buffalo. Plaintiff, a high school student, was shot in the abdomen by defendant Cornell Caldwell, who apparently misidentified plaintiff as a rival gang member. The gun used to shoot plaintiff was identified as a Hi-Point 9mm semiautomatic pistol manufactured by defendant Beemiller...

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