Appellate Division of the Supreme Court of the State of New York May 13, 1927 (Beck v. Libraro)

Kapper, J.

.The action is for damages for alleged personal injuries attributable to the defendant’s act in discharging a loaded gun from the window of his home into and through a window of plaintiff’s apartment while she was at home.

The defendant was successful in his motion made under rule 106 of the Rules of Civil Practice to dismiss the complaint for failure to state a cause of action.