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MULLERY v. RO-MILL CONSTR. CORP.

76 A.D.2d 802 (1980)

Theresa Mullery, as Executrix of Michael Mullery, Deceased, Respondent, v. Ro-Mill Construction Corp. et al., Appellants

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

June 24, 1980

Appeal from order entered May 9, 1979, denying a posttrial motion to set the verdict aside on varied grounds, dismissed as academic.

Defendants appeal from a judgment in favor of the plaintiff executrix after a jury trial. The deceased, a member of a private health club owned and operated by the defendants, sustained fatal injuries on February 17, 1975, in the swimming pool maintained by the club. After swimming in the pool for a period of time, the deceased left...

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