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HOWARD v. POSEIDON POOLS

133 Misc.2d 874 (1986)

Brent Howard et al., Plaintiffs, v. Poseidon Pools, Inc., et al., Defendants.

Supreme Court, Allegany County.

August 5, 1986

Attorney(s) appearing for the Case

Sapterston, Day, Lustig, Gallick, Kirschner & Gaglione, P. C., for Poseidon Pools, Inc., and another, defendants. Dixon & De Marie, P. C., for Recreational Distributor Warehouse, Inc., defendant. Shane & Franz for George Tassone and another, defendants. Damon & Morey for National Spa & Pool Institute, defendant. Cohen, Lombardo, Blewett, Fisher, Spandau & Nosek for Home-N-Roam Leisures, Inc., defendant. Dwyer & Dywer, P. C., for plaintiffs.

EDWARD M. HOREY, J.

The defendants have moved for summary judgment in the action wherein the relevant facts are as follows:

On July 16, 1983, in the course of visiting his sister, the plaintiff entered an above-ground pool which the sister had purchased two weeks earlier. He first engaged in giving swimming instructions to his children. Later, after observing a nephew dive from a platform through a...

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