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COOK v. TOWN OF OYSTER BAY

267 A.D.2d 192 (1999)

699 N.Y.S.2d 299

SARAH COOK, an Infant, by Her Mother and Natural Guardian, JEANNE COOK, et al., Respondents, v. TOWN OF OYSTER BAY, Appellant.

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

Decided December 6, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The infant plaintiff was injured when she slipped and fell from a diving board at the Syosset-Woodbury Community Park pool in the Town of Oyster Bay. The plaintiffs allege that the defendant was negligent in failing to properly maintain the diving board and provide proper supervision. We disagree. The defendant's duty was to exercise care to make conditions...

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