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HOWARD v. POSEIDON POOLS, INC.

72 N.Y.2d 972 (1988)

Brent Howard et al., Appellants, v. Poseidon Pools, Inc., et al., Defendants, and S & V Pools, Inc., Trading as Poseidon Pools, Inc., et al., Respondents. (Appeal No. 1.) Ronald Manning, Appellant, v. Raymond Manning et al., Respondents. (Appeal No. 1.)

Court of Appeals of the State of New York.

Decided October 13, 1988.

Attorney(s) appearing for the Case

Joseph C. Dwyer and Mark S. Williams for appellants in the first above-entitled action.

Thomas G. Collins for S & V Pools, Inc. and another, respondents in the first above-entitled action.

William E. Coplon for Home-N-Roam Leisures, Inc., respondent in the first-above entitled action.

Philip Celniker for appellant in the second above-entitled action.

Charles G. DiPasquale for Raymond Manning and another, respondents in the second above-entitled action.

Joseph DeMarie for Fanta-Sea Swim Center, Inc., respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur; Judge HANCOCK, JR., taking no part.

MEMORANDUM.

The order of the Appellate Division in each case should be affirmed, with costs; the certified question in Manning is not answered as unnecessary.

In Howard, plaintiff, who was 6 feet, 3 inches tall, sustained severe and permanent injuries upon diving head first into an above-ground pool having a water depth of about four feet. Plaintiff stated that...

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