Legal Opinion

Ziecker v. Town of Orchard Park

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 1989No. Appeal No. 1PublishedCited by 4 opinions

1Opinion of the Court

— Judgment reversed on the law without costs and complaint dismissed. Memorandum: On July 4, 1976 plaintiff, who was then a few weeks short of his eighteenth birthday, and several friends went swimming at Green Lake in the Town of Orchard *975Park. Plaintiff ran into the water until it reached his knees, then dove forward into approximately 2 to 2 Vt. feet of water. He struck his head on the sandy bottom and sustained injuries that rendered him a quadriplegic.

Plaintiff commenced a negligence action against the town and others. After a jury trial, he was found to be 70% liable for his injuries and…

2Cases cited5 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Boltax v. Joy Day CampNew York Court of Appeals · 1986
  3. Howard v. Poseidon Pools, Inc.New York Court of Appeals · 1988
  4. Rivera v. City of New YorkNew York Court of Appeals · 1962
  5. Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902

3Cited by4 opinions

  1. Ziecker v. Town of Orchard ParkNew York Court of Appeals · 1989
  2. Andrulonis v. United StatesDistrict Court, N.D. New York · 1989
  3. Coe v. Ta-Ga-Soke Campgrounds, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Ziecker v. Town of Orchard ParkAppellate Division of the Supreme Court of the State of New York · 1989

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