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McCLUSKY v. GARY POOLS SALES & SERVS., INC.

158 A.D.2d 1006 (1990)

Timothy McClusky, Respondent, v. Gary Pools Sales and Services, Inc., et al., Defendants, and Recreational Distributors Warehouse, Inc., et al., Appellants. (And Third-Party Actions.)

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

February 2, 1990

Motion for reargument granted, and on reargument, the memorandum decision [154 A.D.2d 924] is amended to read as follows: Plaintiff was seriously injured when he slid down a slide head first into an above-ground swimming pool. There was evidence that this was an intended use of the pool slide, and plaintiff's conduct was not as a matter of law the proximate cause of his injuries (Kriz v Schum, 75 N.Y.2d 25

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