Quiroz v. Leslie Edelman of New York, Inc.

Appellate Division of the Supreme Court of New York

Quiroz v. Leslie Edelman of New York, Inc.

224 A.D.2d 509, 638 N.Y.S.2d 154, 1996 N.Y. App. Div. LEXIS 1177

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 13, 1996

StatusPublished

This text of 224 A.D.2d 509 (Quiroz v. Leslie Edelman of New York, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Quiroz v. Leslie Edelman of New York, Inc., 224 A.D.2d 509, 638 N.Y.S.2d 154, 1996 N.Y. App. Div. LEXIS 1177 (N.Y. Ct. App. 1996).

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Opinion

—In an action to recover damages for wrongful death, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Underwood, J.), dated November 23, 1994, which granted the defendant’s motion for summary judgment.

Ordered that the order and judgment is affirmed, with costs.

The plaintiff seeks to hold the defendant, a firearms dealer, liable for selling a firearm to Humberto Del Rio who used it in a multiple homicide the day following the sale. As we recognized in Jantzen v Leslie Edelman of N. Y. (206 AD2d 406), an action brought by another victim of the same homicide, the sale of the firearm merely furnished the condition for the unfortunate occurrence. Thus, as a matter of law, there can be no finding of proximate cause. Accordingly, summary judgment was properly granted. Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

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—In an action to recover damages for wrongful death, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Underwood, J.), dated November 23, 1994, which granted the defendant’s motion for summary judgment.

Ordered that the order and judgment is affirmed, with costs.

The plaintiff seeks to hold the defendant, a firearms dealer, liable for selling a firearm to Humberto Del Rio who used it in a multiple homicide the day following the sale. As we recognized in Jantzen v Leslie Edelman of N. Y. (206 AD2d 406), an action brought by another victim of the same homicide, the sale of the firearm merely furnished the condition for the unfortunate occurrence. Thus, as a matter of law, there can be no finding of proximate cause. Accordingly, summary judgment was properly granted. Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

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Bluebook (online)

224 A.D.2d 509, 638 N.Y.S.2d 154, 1996 N.Y. App. Div. LEXIS 1177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quiroz-v-leslie-edelman-of-new-york-inc-nyappdiv-1996.

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