RIZZO v. SHERWIN-WILLIAMS COMPANY


49 A.D.3d 847 (2008)

854 N.Y.S.2d 216

MICHAEL RIZZO et al., Appellants, v. SHERWIN-WILLIAMS COMPANY et al., Respondents.

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

Decided March 25, 2008.


Ordered that the orders are affirmed insofar as appealed from, with costs.

The plaintiff Michael Rizzo was seriously injured when he hit his head on the bottom of a four-foot-deep swimming pool at the home of his sister, the defendant Melody Velie, and her husband, the defendant Alan Velie (hereinafter the homeowners). Rizzo recalled walking across the deck toward the swimming pool, but did not remember anything thereafter until he awoke, four weeks later, in the...

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