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SOMMELLA v. ROACH

59 N.Y.2d 622 (1983)

Robert J. Sommella et al., Respondents, v. Richard Roach et al., Defendants, and Great River Pools, Inc., et al., Appellants. (And Other Actions.) (Action No. 1.) Robert J. Sommella et al., Respondents, v. John Holze et al., Respondents. (And Other Actions.) (Action No. 2.)

Court of Appeals of the State of New York.

Decided April 26, 1983.

Attorney(s) appearing for the Case

Morris Zweibel for Great River Pools, Inc., and others, appellants.

Stephen M. McCabe for Dover Pools, Inc., and another, appellants.

Peter James Johnson for Robert J. Sommella and another, respondents.

George D. Argiriou and William A. Scorzari for John Holze, respondent.

Charles B. Updike for Union Carbide Corporation, respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs. We agree with the Appellate Division that there have not been shown facts sufficient to require a trial of the claim that John Holze disconnected the rope marker in the swimming pool (CPLR 3212...

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