New York Court of Appeals November 21, 2000 (Buckley v. Sun & Surf Beach Club, Inc.)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and defendant’s motion for summary judgment denied.

A portion of the infant plaintiffs finger was severed when, in jumping off an unattended, elevated lifeguard’s stand at defendant’s beach club, the ring on that finger caught on a nail protruding from the stand.