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  5. 77 N.Y.2d 525 (1991)
 

AMATULLI v. DELHI CONSTR CORP

77 N.Y.2d 525 (1991)

Vincent Amatulli, Jr., an Infant, by His Mother and Natural Guardian, Lorraine Amatulli, et al., Respondents-Appellants, v. Delhi Construction Corporation, Defendant; Philip Susi et al., Appellants-Respondents; Seaspray Sharkline, Inc., et al., Respondents. (And Third-and Fourth-Party Actions.)

Court of Appeals of the State of New York.

Decided April 2, 1991.

Attorney(s) appearing for the Case

Michael Conforti for respondents-appellants.

Jane E. Motyka for Philip Susi and another, appellants-respondents.

Patti F. Potash for Brothers Three, Inc., appellant-respondent.

Barbara D. Goldberg for Seaspray Sharkline, Inc., respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE and BELLACOSA concur with Judge ALEXANDER; Judge TITONE dissents in part and votes to modify in a separate opinion in which Judge HANCOCK, JR., concurs.

ALEXANDER, J.

We again are confronted with questions concerning the liability of the manufacturer, distributor and owner of a swimming pool for injuries sustained by a plaintiff who executed a headfirst dive into the pool. The pool was four feet deep, and was designed, manufactured and marketed for installation above ground. However, it was installed with two feet of the pool sunken into the ground and a deck...

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