H. & H. K. Toys & Sporting v. Lumbermens Mutual Casualty Company

The plaintiffs are the defendants in an action brought against them on behalf of an infant which alleged that on August 1, 1967 Helen Kaufman sold B-B pellets to another infant who caused injuries by shooting the said pellets at the foresaid plaintiff infant. The negligence of Helen Kaufman was premised upon subdivision 5 of section 265.10 of the Penal Law. Lumbermens Mutual Casualty Company is the insurer of the plaintiffs herein and has denied coverage for the incident. Pursuant to the policy of insurance, the defendant herein is obligated to "pay on behalf of [42 A.D.2d 634 Page 635]