Treston v. Allegretta

— Order, Supreme Court, New York County (Beverly S. Cohen, J.), entered December 24, 1990, which granted the motions of defendants Union Carbide Corp. and Stauffer Chemical Corp. for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, and the motions denied.

Shortly before 5:00 a.m. on September 3, 1979, the then nineteen-year old plaintiff left her room at the Allegretta Motel in Hampton Bays, Long Island, to join friends at a swimming party already in progress at the motel’s pool. She walked over to the end of the pool where the diving…