SMITH v. STARK


111 A.D.2d 913 (1985)

Paul Smith, Respondent, v. Dianne Stark et al., Defendants, and Pal Pools, Inc., Appellant

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

June 24, 1985


Order reversed insofar as appealed from, on the law, without costs or disbursements, defendant Pal Pools, Inc.'s cross motion for summary judgment dismissing the complaint insofar as it is asserted against it granted, and action as to the remaining defendants severed.

Plaintiff, an 18-year-old college student, suffered disabling injuries when he dove into a pool on July 11, 1981. In the instant action to recover damages for these injuries, plaintiff alleged that the...

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