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DARBY v. COMPAGNIE AIR FRANCE

96 N.Y.2d 343 (2001)

753 N.E.2d 160

728 N.Y.S.2d 731

REGINA L. DARBY, Individually and as the Administratrix C. T. A. of PETER S. ZEILER, Deceased, Appellant, v. COMPAGNIE NATIONAL AIR FRANCE et al., Defendants, and SOCIETE DES HOTELS MERIDIEN, Doing Business as MERIDIEN HOTELS, INC., Respondent.

Court of Appeals of the State of New York.

Decided June 7, 2001.

Attorney(s) appearing for the Case

Edward T. Chase, Bronxville, and Robert M. Cronk for appellant.

Ahmuty, Demers & McManus, New York City (Deborah Del Sordo of counsel), for respondents.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY and GRAFFEO concur; Judge SMITH taking no part.

OPINION OF THE COURT

ROSENBLATT, J.

Peter Zeiler drowned while swimming at Copacabana Beach, a public facility in Rio De Janeiro, Brazil. He and Regina Darby were guests at the Meridien Copacabana Hotel, which is separated from the beach by a four-lane public highway. The hotel marketed its proximity to the beach and encouraged guests to use it, even providing them...

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