Sullivan v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMahoney, J.
Appeal from an order of the Supreme Court (Dier, J.), entered January 5, 1993 in Washington County, which denied defendants’ motion for a protective order.
On August 4, 1991, plaintiffs decedent drowned in Lake George while participating in a deep water dive as part of a scuba diving course conducted by defendant Jonathan Smith, doing business as Adirondack Aquatics. Claiming principally that decedent’s death was the result of negligence of Smith and his employee, defendant Malcolm J. McCullough, mainly their inexperience, failure to select an appropriate site for the dive, failure to properly…
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