Julia Kriz, Appellant,
v.
David Schum et al., Respondents, et al., Defendant.
Sheri Denkensohn, an Infant, by Charles Denkensohn, Her Father and Natural Guardian, et al., Respondents,
v.
Richard Davenport et al., Defendants and Third-Party Plaintiffs-Respondents, and Archie Lawrence & Son, Appellant. Seaboard Industries, Third-Party Defendant-Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 12, 1989.
Decided November 30, 1989.
Attorney(s) appearing for the Case
Michael R. Law and Kenneth W. Gordon for appellant in the first above-entitled action.
Louis B. Cristo for David Schum and others, respondents in the first above-entitled action.
Robert J. Burke and Thomas J. Rzepka for Clover Home Leisure Centers, Inc., respondent in the first above-entitled action.
Paul J. Campito for appellant in the second above-entitled action.
Cynthia K. Fichera for Sheri Denkensohn, respondent in the second above-entitled action.
Dianne Bresee Mayberger for third-party defendant-appellant in the second above-entitled action.
Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.
Court of Appeals of the State of New York.
ALEXANDER, J.
In each of these cases the plaintiff1 was seriously injured as a result of diving from or sliding down a pool slide into the shallow end of a swimming pool. The common issue presented by their appeals is whether the records on these motions for summary judgment conclusively establish that the reckless conduct of the plaintiffs was the sole legal cause of their injuries...
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