ARONSON v. HORACE MANN-BARNARD SCH.


224 A.D.2d 249 (1996)

637 N.Y.S.2d 410

Abigail Aronson, Respondent, v. Horace Mann-Barnard School et al., Appellants

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

February 8, 1996


It is undisputed that plaintiff, a high school senior, was an experienced swimmer and diver, who was familiar with the depth of the water at the shallow end of her school's pool and had repeatedly dived into the pool using both the diving board at the deep end and the racing platforms at the shallow end. Approximately a half hour before her scheduled class, while practicing for a 50-yard underwater swim, and during her sixth or seventh attempt to perform a "racing" or "shallow...

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