Quiroz v. Leslie Edelman of N.Y., Inc.

Full title: BETZY QUIROZ, Appellant, v. LESLIE EDELMAN OF N.Y., INC., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 13, 1996

224 A.D.2d 509 (N.Y. App. Div. 1996)

638 N.Y.S.2d 154

Opinion

February 13, 1996

Appeal from the Supreme Court, Suffolk County (Underwood, J.).

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 A.D.2d 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.