Appellate Division of the Supreme Court of New York, 2000

Hinderhofer v. Daisy Manufacturing Co.

Appellate Division of the Supreme Court of New York · Decided May 15, 2000

272 A.D.2d 444; 708 N.Y.S.2d 312; 2000 N.Y. App. Div. LEXIS 5587

Cases that cite this one

1 later published case cites this decision.

Bender Insurance Agency, Inc. v. Treiber Insurance Agency, Inc. (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for negligent entrustment, the defendant James Waltel appeals from an order of the Supreme Court, Suffolk County *445(Doyle, J.), dated June 30, 1999, which denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.

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 plaintiff. Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.