same as that for pure negligence. See NAACP, 271 F.Supp.2d at 448. Allowing the nuisance claim to be prosecuted would extend evi-dentiary inquiries far beyond those needed for what is a relatively simple case of negligence. See id. The chance of preju dice and confusion of jurors would be enhanced were the nuisance claim to be tried. III.Negligence Claim Against Retailer Summary judgment is denied as to plaintiffs claim of negligence against Atlantic, the retailer of the gun. The evidence of a straw sale by the defendant and Atlantic’s relatively large number of alleged illegal or careless sales sufficiently supports a possible finding of negligence leading to a foreseeable death by shooting. See Hamilton v. Beretta U.S.A. Corp., 96 N.Y.2d 222, 727 N.Y.S.2d 7, 750 N.E.2d 1055 (2001) (<HOLDING>). The retailer is much closer to the illegal
holding that handgun manufacturers do not owe a duty of reasonable care in the marketing and distribution of their handguns to persons injured or killed through the use of illegally obtained handguns but leaving open the question of retailers liability holding that where the adequacy of warnings associated with prescription drugs is at issue the failure of the manufacturer to exercise reasonable care to warn of dangers ie the manufacturers negligence is the only recognized basis of liability holding that a manufacturers insert in and of itself may not establish the relevant standard of care in a medical negligence action but may be considered by the fact finder along with expert testimony to define the standard of care holding that the law imposes on every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm and calls a violation of that duty negligence  that a complete binding contract between the parties is not a prerequisite to a duty to use due care in ones actions     and that architects may be held liable for a breach of the duty of care and breach of contract that results in foreseeable injury economic or otherwise recognizing the open question