PRICE v. KOWALSKI


258 A.D.2d 637 (1999)

685 N.Y.S.2d 800

ANDREW W. PRICE, Respondent, v. DOROTHY KOWALSKI, Appellant.

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

Decided February 22, 1999.


Ordered that the order is affirmed, with costs.

The plaintiff was rendered a quadrapalegic when, after diving into the defendant's pool from a diving board, he struck his head on the bottom of the pool. The defendant moved for summary judgment dismissing the complaint on the ground, inter alia, that she neither created nor had notice of the allegedly dangerous condition. In opposition to the motion the plaintiff submitted, inter alia, the affidavit of...

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