ADAMOWICZ v. SHAFER


155 Misc.2d 695 (1992)

589 N.Y.S.2d 761

Stanley Adamowicz et al., Plaintiffs, v. Stanley Shafer et al., Defendants.

Supreme Court, Allegany County.

October 16, 1992


Attorney(s) appearing for the Case

DiFilippo, Bennett & Daumen (Michael P. Daumen of counsel), for plaintiffs. Raymond W. Bulson for Stanley Shafer, defendant. Grosse, Rossetti, Chelus & Herdzik (Arthur A. Herdzik of counsel), for Nathan Adamowicz, defendant.


PETER R. SPRAGUE, J.

ISSUE

In this personal injury civil action stemming from a recreational "wargames" accident, the court is asked to determine whether a "splatball" pistol, which propels by carbon dioxide cartridge a pellet filled with paint, constitutes one of the "instruments or weapons" which Penal Law § 265.05 proscribes for possession by persons under the age of 16.

FACTS

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