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STEVEN HINDERHOFER, et al., plaintiffs-respondents, v. DAISY MANUFACTURING COMPANY, INC., et al., defendants, CHRISTOPHER CALDERONE, etc., et al., defendants-respondents, JAMES WALTEL, appellant.

DECISION ORDER

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.

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HINDERHOFER v. DAISY MANUFACTURING COMPANY
(May 15, 2000)