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VON BARTHELD v. MARATHON ORG., INC.

190 A.D.2d 667 (1993)

Erik Von Bartheld et al., Appellants, v. Marathon Organization, Inc., et al., Defendants, Robert Brady et al., Respondents, and Harrow Stores, Inc., Defendant and Third-Party Plaintiff-Respondent. Sunmaster Concepts, Third-Party Defendant, and Asahi Pool, Inc., et al., Third-Party Defendants-Respondents

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

February 1, 1993

Ordered that the judgment is affirmed, with one bill of costs to respondents appearing separately and filing separate briefs.

The plaintiff Erik Von Bartheld was rendered a quadriplegic as a result of injuries he sustained when he dove into a four-foot-deep above-the-ground swimming pool on June 8, 1984. The pool was manufactured by the third-party defendant, Asahi Pool, Inc., and sold to Harrow Stores, Inc. (hereinafter Harrow). Harrow sold the pool and related equipment...

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