CLARKE v. UNANUE


97 A.D.2d 888 (1983)

Gladstone A. Clarke, as Administrator of The Estate of Modupe Clarke, Deceased, Respondent, v. Joseph Unanue et al., Individually and Doing Business as U & U Realty Company, Appellants. (And Two Related Actions.)

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

November 17, 1983


Since defendants submitted evidentiary proof showing that decedent's death did not result from the breach of any duty owed by defendants, and since plaintiff failed to submit sufficient evidentiary proof in opposition, defendants' motion for summary judgment should have been granted. Special Term's order must, therefore, be reversed. Decedent, an eight-year-old girl, drowned in July, 1979 while participating in a swimming program at Tillson Lake in Ulster County. The lake...

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