Earsing v. Nelson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
I
Plaintiff Bryan Earsing was injured when he was hit by a BB shot from a gun that was manufactured by defendant Daisy Manufacturing Company, Inc. (Daisy), and sold by defendant Service Merchandise Company, Inc. (Service) to defendant Nicholas Nowinski, a 13-year-old boy. After purchasing the gun, Nowinski gave it to a 17-year-old friend, defendant Michael Garvey, for safekeeping. Plaintiffs allege that Garvey accidentally shot Bryan Earsing with the BB gun, not knowing it was loaded at the time.
Plaintiffs appeal from an order granting the motion to dismiss the…
2Cases cited25 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
- Purdy v. Public AdministratorNew York Court of Appeals · 1988
- Lancaster Silo & Block Co. v. Northern Propane Gas Co.Appellate Division of the Supreme Court of the State of New York · 1980
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3Cited by19 opinions
- Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
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- Oja v. Grand Chapter of Theta Chi Fraternity, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Hamilton v. Accu-TekDistrict Court, E.D. New York · 1999
- Williams v. Beemiller, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
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