Ordered that the order dated October 30, 1987 is reversed insofar as appealed from, on the law, with costs, the order dated May 28, 1987 is vacated, and upon reargument, the defendant's motion for summary judgment dismissing the complaint is granted.
The plaintiff Derek J. Anello was injured when, after undressing and removing his glasses, he suddenly dove head first into the shallow end of the defendant town's swimming pool, located in Deer Park, New York. At the...
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