ZIECKER v. TOWN OF ORCHARD PARK


75 N.Y.2d 761 (1989)

Larry Ziecker, Appellant, v. Town of Orchard Park, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 21, 1989.


Attorney(s) appearing for the Case

Paul William Beltz for appellant.

John F. Canale for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division for consideration of issues not reached by that court.

Plaintiff commenced this negligence action against defendant for injuries sustained when he dove into the water at Green Lake in the Town of Orchard Park. Plaintiff argues that defendant was negligent in failing to warn against diving...

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