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BUCKLEY v. SUN AND SURF BEACH CLUB, INC.

95 N.Y.2d 914 (2000)

742 N.E.2d 107

719 N.Y.S.2d 632

ALEXANDRA BUCKLEY, an Infant, by Her Father and Natural Guardian, STEPHEN BUCKLEY, et al., Appellants, v. SUN AND SURF BEACH CLUB, INC., Respondent.

Court of Appeals of the State of New York.

Decided November 21, 2000.

Attorney(s) appearing for the Case

Segan, Nemerov & Singer, P. C., New York City (Fred J. Hirsh of counsel), for appellants.

Meiselman, Denlea, Packman & Eberz, P. C., White Plains (Robert J. Levine of counsel), for respondent.

Fiedelman & McGaw, Jericho (Andrew Zajac, Kenneth M. Dalton, Dawn C. DeSimone, Elizabeth A. Fitzpatrick and Elizabeth Anne Bannon of counsel), for Defense Association of New York, Inc., amicus curiae.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum; Judge ROSENBLATT dissents and votes to affirm in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment denied.

A portion of the infant plaintiff's finger was severed when, in jumping off an unattended, elevated lifeguard's stand at defendant's beach club, the ring on that finger caught on a nail protruding from the stand. The accident happened at about 10:45 P.M. on September 1, 1995, while plaintiff was...

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