Majority
p. 850[675 NE2d 1225, 653 NYS2d 273] Vanessa Overton, as Administratrix of the Estate of Kasean S. Overton, Deceased, Respondent, v City of New York, Appellant. Decided November 21, 1996
APPEARANCES OF COUNSEL
Paul A. Crotty, Corporation Counsel of New York City (Elizabeth S. Natrella of counsel), for appellant.
p. 851
Panken, Besterman, Winer, Becker & Sherman, LLP, New York City (Howard B. Sherman of counsel), for respondent.
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.