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1
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OPINION
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EXTRACTED KEY WORDS
APPELLANT MEMORANDUM RESPONDENTS CITY COSTS JUDGE ELIZABETH NATRELLA HOWARD SHERMAN APPELLATE DIVISION POOL DEFENDANT LIFEGUARDS YORK CITY HEALTH VIOLATION PROVISIONS PROXIMATE INFANT FATAL ACCIDENT REVIEW SUBMISSIONS PURSUANT CHIEF JUDGE KAYE JUDGES SIMONS TITONE BELLACOSA SMITH LEVINE CIPARICK CONCUR |
VANESSA OVERTON, & C., RESPONDENTS, v. CITY OF NEW YORK, APPELLANT.
89 N.Y.2d 850, 675 N.E.2d 1225, 653 N.Y.S.2d 273 (1996).
November 21, 1996
1 No. 292 SSM 28 (1996 NY Int. 229)
Decided November 21, 1996
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Elizabeth S. Natrella, for Appellant.
Submitted by Howard B. Sherman, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be reversed with costs and
the complaint dismissed.
Even though it is uncontroverted that on the day decedent drowned in a
pool owned and operated by defendant there were fewer lifeguards than
required by New York State Sanitary Code § 6-1.23 and New York City
Health Code § 165.21(f), plaintiff failed to establish that the
violation of these provisions was a proximate cause of her infant
son's fatal accident.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, order
reversed, with costs, and complaint dismissed, in a memorandum. Chief
Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and
Ciparick concur.
Decided November 21, 1996
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