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ZIECKER v. TOWN OF ORCHARD PARK

147 A.D.2d 974 (1989)

Larry Ziecker, Respondent, v. Town of Orchard Park, Appellant, et al., Defendants. (Appeal No. 1.)

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

February 3, 1989

Judgment reversed on the law without costs and complaint dismissed.

Memorandum:

On July 4, 1976 plaintiff, who was then a few weeks short of his eighteenth birthday, and several friends went swimming at Green Lake in the Town of Orchard Park. Plaintiff ran into the water until it reached his knees, then dove forward into approximately 2 to 2½ feet of water. He struck his head on the sandy bottom and sustained...

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