CARDINALI v. CITY OF NEW YORK


1 A.D.2d 1019 (1956)

Orfeo Cardinali, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 14, 1956


Judgment reversed and a new trial granted, with costs to appellant to abide the event.

The evidence discloses that the water in the pool was maintained at a depth of about three and one-half feet at the perimeter of the pool and that the depth gradually increased to about four and one-half feet at the center. The pool was customarily used by both adults and children and was not intended to be used for diving. Respondent, a stranger to the pool, and a mature adult...

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