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MAGNUS v. FAWCETT

224 A.D.2d 241 (1996)

637 N.Y.S.2d 707

Neal Magnus, Respondent, v. John Fawcett, Appellant, et al., Defendant

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

February 8, 1996

Plaintiff has not set forth a prima facie showing that the defendant's negligence was the proximate cause of the injuries he sustained after diving into the shallow end of an in-the-ground swimming pool at his rented summer home (Howard v Poseidon Pools, 72 N.Y.2d 972). Although the defendant may have been negligent for not providing depth markers, or a safety float line separating the shallow and deep end of his pool, even the most...

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