MITURA v. ROY


174 A.D.2d 1020 (1991)

Joseph A. Mitura, Respondent, v. Grady W. Roy et al., Appellants

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

June 7, 1991


Order unanimously affirmed without costs.

Memorandum:

While participating in a picnic at defendants' residence, plaintiff dove off the diving board of defendants' backyard swimming pool. Unbeknownst to plaintiff, defendants' dog jumped into the pool at the same time and plaintiff landed on the dog, suffering a deep gash to his face. Supreme Court properly denied defendants' motion for summary judgment dismissing plaintiff's complaint.

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