New York Court of Appeals November 21, 1996 (Overton v. City of New York)

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.