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GARCIA v. CITY OF NEW YORK

205 A.D.2d 49 (1994)

Ernesto Garcia, Individually and as Administrator of The Estate of Ana Garcia, Deceased, Respondent, v. City of New York, Appellant

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

October 20, 1994

Attorney(s) appearing for the Case

John Hogrogian of counsel (Pamela Seider Dolgow with him on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for appellant.

Norman E. Frowley of counsel (Brian J. Isaac with him on the brief; Weitz & Luxemberg, attorneys), for respondent.

SULLIVAN, J. P., CARRO, WALLACH and KUPFERMAN, JJ., concur.

TOM, J.

The salient facts of this wrongful death action are not in dispute. Testimony at trial revealed that during a hot summer night on July 21, 1985, decedent Ana Garcia, a 32-year-old woman, illegally entered a public swimming pool facility in Van Cortlandt Park in the late evening and well after the pool had officially closed for the day. There were approximately 50 to 100 illegal swimmers already in the...

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