GRAHAM v. COUNTY OF SUFFOLK


34 A.D.3d 527 (2006)

824 N.Y.S.2d 162

GRACE GRAHAM et al., Respondents, v. COUNTY OF SUFFOLK, Appellant.

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

Decided November 14, 2006.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

During the early afternoon of August 10, 2002 an unusually large number of swimmers were rescued from the waters off Cupsogue County Park, the defendant's beach, when a rip current developed and pulled swimmers seaward. Later that afternoon, the lifeguards implemented the usual procedure for closing down the beach at 5:30 P.M., the normal...

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