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OVERTON v. CITY OF NEW YORK

225 A.D.2d 505 (1996)

639 N.Y.S.2d 806

Vanessa Overton, as Administratrix of The Estate of Kasean S. Overton, Deceased, Respondent, v. City of New York, Appellant

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

March 28, 1996

Plaintiff's four-year old son drowned in a swimming pool owned by defendant City. At trial, plaintiff established that at the time of the drowning there were 1,200 to 1,500 people in the pool and seven or eight lifeguards on duty, and that the City was therefore in violation of its own rule requiring at least one lifeguard for every 75 swimmers (New York City Health Code [24 RCNY] § 165.21 [f]). Such proof, by itself, was legally sufficient to establish both the City...

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