Legal Opinion
Danielle A. v. Christopher P.
New York Supreme Court
Decided February 13, 2004PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Joseph J. Maltese, J.
*358In a case of first impression, this court holds that a paintball gun which uses a carbon dioxide cartridge is an “air-gun” as defined in Penal Law § 265.05 and under Administrative Code of the City of New York § 10-131 (b) (1). This court finds that the possession and use of a paintball gun by a 13-year-old boy with the knowledge and consent of his parents makes them liable for the injuries inflicted by the use of the paintball gun.
The following facts were established by the plaintiff.
Facts
On June 5, 2003, the defendant, Christopher E, a 13-year-old…
2Cases cited8 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Nolechek v. GesualeNew York Court of Appeals · 1978
- People v. DittaNew York Court of Appeals · 1981
- Rios v. SmithNew York Court of Appeals · 2001
- Masone v. GianottiAppellate Division of the Supreme Court of the State of New York · 1976
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- DiSilvestro v. SamlerAppellate Division of the Supreme Court of the State of New York · 2006