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HEARD v. CITY OF NEW YORK

82 N.Y.2d 66 (1993)

623 N.E.2d 541

603 N.Y.S.2d 414

David Heard et al., Appellants, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1993.

Attorney(s) appearing for the Case

Profeta & Eisenstein, New York City (Fred P. Profeta, Jr., of counsel), and Glaser, Shandell & Blitz (Bert A. Blitz and Craig T. Heard of counsel), for appellants.

O. Peter Sherwood, Corporation Counsel of New York City (Ronald E. Sternberg and Leonard Koerner of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, HANCOCK, JR., BELLACOSA and SMITH concur; Judge LEVINE taking no part.

SIMONS, J.

Plaintiff David Heard was seriously injured when he dove off a jetty into shallow water at Rockaway Beach in Queens. Moments earlier, a lifeguard had ordered Heard and his companions to leave the wooden structure. Heard resisted the order, telling the lifeguard he wanted to make one more dive. The lifeguard repeated the order but finally acquiesced in the face of Heard's insistence. Heard and his mother...

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