Shroff v. Failla

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted plaintiffs motion for summary judgment against defendants in this negligence action. *1032Plaintiff submitted proof in evidentiary form establishing that her son was struck in the left eye with a .177 caliber pellet fired from a gun wielded by Craig Failla. That proof establishes plaintiff’s entitlement to judgment as a matter of law, and defendants failed to raise an issue of fact in response thereto (see, Zuckerman v City of New York, 49 NY2d…