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PORTER v. CITY OF PEEKSKILL

161 A.D.2d 569 (1990)

Jack Porter et al., Respondents, v. City of Peekskill, Appellant, et al., Defendants

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

May 7, 1990

Ordered that the order is affirmed, with costs.

The plaintiff Jack Porter was rendered a virtual quadriplegic as a result of diving from a water slide into the shallow end of the Peekskill Veterans Memorial Pool in Depew Park, Peekskill. The issue presented on this appeal is whether the record establishes that the plaintiff's conduct was reckless as a matter of law.

The Court of Appeals recently held, on a similar...

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