SOMMELLA v. ROACH, GREAT RIVER POOLS, INC., 59 N.Y.2d 622 (1983)

449 N.E.2d 1273, 463 N.Y.S.2d 195

ROBERT J. SOMMELLA et al., Respondents, v. RICHARD ROACH et al., Defendants, and GREAT RIVER POOLS, INC., et al., Appellants. (And Other Actions.) (Action No. 1.) ROBERT J. SOMMELLA et al., Respondents, v. JOHN HOLZE et al., Respondents. (And Other Actions.) (Action No. 2.)

Court of Appeals of the State of New York.
Decided April 26, 1983

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALFRED D. LERNER, J.

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Morris Zweibel for Great River Pools, Inc., and others, appellants.

Stephen M. McCabe for Dover Pools, Inc., and another, appellants.

Peter James Johnson for Robert J. Sommella and another, respondents.

George D. Argiriou and William A. Scorzari for John Holze, respondent.

Charles B. Updike for Union Carbide Corporation, respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 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.

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