Donacik v. Pool Mart, Inc.

—Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover damages sustained when her infant daughter, Sarah, hit her head on the bottom of a four-foot above-ground swimming pool. The accident occurred when Sarah either slipped and fell from the deck or dove into a pool manufactured by defendant Swim ‘N’ Play, Inc. (Swim ‘N’ Play). Defendants Paul Marinaccio and Florence Marinaccio purchased the pool and deck kit from defendant Pool Mart, Inc. (Pool Mart) in June 1982 and installed the pool and deck kit at their home. The Marinaccios sold the property,…