Order reversed, as a matter of discretion, with costs, and motion denied.
This action arises out of a swimming pool accident, as a result of which plaintiff Paul Smith was immediately rendered a quadriplegic. Plaintiff, who appears to be suffering from amnesia, cannot recall whether he was thrown into the pool or whether he dove into the pool at the shallow end, striking his head on the pool bottom. The affirmation of plaintiff's physician reveals that the severity...
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