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OVERTON v. CITY OF NEW YORK

89 N.Y.2d 850 (1996)

675 N.E.2d 1225

653 N.Y.S.2d 273

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

Court of Appeals of the State of New York.

Decided November 21, 1996.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Elizabeth S. Natrella of counsel), for appellant.

Panken, Besterman, Winer, Becker & Sherman, LLP, New York City (Howard B. Sherman of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.

Even though it is uncontroverted that on the day decedent drowned in a pool owned and operated by defendant there were fewer lifeguards than required by New York State Sanitary Code (10 NYCRR) § 6-1.23 and New York City Health Code (24 RCNY) § 165.21 (f), plaintiff failed to establish that the violation...

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