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DENKENSOHN v. DAVENPORT

144 A.D.2d 58 (1989)

Sheri Denkensohn, an Infant, by Charles Denkensohn, Her Father and Natural Guardian, et al., Appellants, v. Richard Davenport et al., Defendants and Third-Party Plaintiffs, and Pacific Palm Pools International, Inc., et al., Respondents, et al., Defendants Seaboard Industries, Third-Party Defendant-Respondent

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

January 12, 1989

Attorney(s) appearing for the Case

Moran, Spiegel, Pergament & Brown (Cynthia K. Fichera of counsel), for appellants.

Donohue, Sabo, Varley & Armstrong, P. C. (Kathleen L. Werther of counsel), for Pacific Palm Pools International, Inc. and others, respondents.

Buchyn, O'Hare & Werner (Paul J. Campito of counsel), for Archie Lawrence & Son, respondent.

Carter, Conboy, Bardwell, Case, Blackmore & Napierski (Dianne Bresee Mayberger of counsel), for third-party defendant-respondent.

WEISS and MERCURE, JJ., concur with LEVINE, J.; KANE, J. P., and MIKOLL, J., dissent in part and concur in part and vote to affirm in an opinion by KANE, J. P.

LEVINE, J.

This action arose from a diving accident which occurred in August 1983 at a residential swimming pool owned by defendants and third-party plaintiffs Richard Davenport and Betty Davenport. On the night of the accident plaintiff Sheri Denkensohn (hereinafter plaintiff), then 16 years old, had attended a party with her girlfriend, Stacy Gorman. Later on, plaintiff left the party in the company of Gorman...

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