MASON v. ANDERSON


300 A.D.2d 551 (2002)

752 N.Y.S.2d 390

JAMES MASON et al., Respondents, v. WAYNE ANDERSON et al., Appellants, et al., Defendants.

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

Decided December 23, 2002.


Ordered that the order is affirmed, with costs.

The injured plaintiff James Mason was rendered a quadriplegic when he hit his head after diving into the shallow end of a swimming pool located at the home of the defendants Wayne Anderson, Joette Anderson, and Melissa Anderson.

Summary judgment is appropriate only when the record eliminates any legal cause other than the reckless conduct of the plaintiff and when, despite the defendant's negligence, the reckless...

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