Sommella v. Roach
59 N.Y.2d 622
NY1983Check TreatmentOPINION 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.