Sommella v. Roach

59 N.Y.2d 622 | NY | 1983

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs. We agree with the Appellate Division that there have not been shown facts sufficient to require a trial of the claim that John Holze disconnected the rope marker in the swimming pool (CPLR 3212, subd [b]).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons.