Overton v. City of New York

New York Court of Appeals

Overton v. City of New York

675 N.E.2d 1225, 89 N.Y.2d 850, 653 N.Y.S.2d 273, 1996 N.Y. LEXIS 3570

CourtNew York Court of Appeals

DecidedNovember 21, 1996

StatusPublished

Cited by1 cases

This text of 675 N.E.2d 1225 (Overton v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Overton v. City of New York, 675 N.E.2d 1225, 89 N.Y.2d 850, 653 N.Y.S.2d 273, 1996 N.Y. LEXIS 3570 (N.Y. 1996).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.

Even though it is uncontroverted that on the day decedent drowned in a pool owned and operated by defendant there were fewer lifeguards than required by New York State Sanitary Code (10 NYCRR) § 6-1.23 and New York City Health Code (24 RCNY) § 165.21 (f), plaintiff failed to establish that the violation of these provisions was a proximate cause of her infant son’s fatal accident.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

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