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SULLIVAN v. SMITH

198 A.D.2d 749 (1993)

604 N.Y.S.2d 304

Mary F. Sullivan, as Administratrix of The Estate of Daniel H. Reilly, Deceased, Respondent, v. Jonathan Smith, Doing Business as Adirondack Aquatics, et al., Appellants

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

November 24, 1993

Mahoney, J.

On August 4, 1991, plaintiff's decedent drowned in Lake George while participating in a deep water dive as part of a scuba diving course conducted by defendant Jonathan Smith, doing business as Adirondack Aquatics. Claiming principally that decedent's death was the result of negligence of Smith and his employee, defendant Malcolm J. McCullough, mainly their inexperience, failure to select an appropriate site for the dive, failure to properly...

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