Opinion
Submitted March 29, 2000.
May 15, 2000.
In an action to recover damages for negligent entrustment, the defendant James Waltel appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 30, 1999, which denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.
Hobbes Tonetti (Sweetbaum Sweetbaum, Lake Success, N Y [Marshall D. Sweetbaum] of counsel), for appellant.
John F. Clennan, Ronkonkoma, N.Y., for plaintiffs-respondents.
John H. Mulvehill, St. James, N.Y., for defendant-respondent Christopher Calderone.
Scibilia Polacco Aledort, Hempstead, N.Y. (William B. McTiernan of counsel), for defendant-respondent Commercial Union Insurance Company, s/h/a Commercial Union Insurance Companies.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
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.