VANESSA OVERTON, & C., RESPONDENTS, v. CITY OF NEW YORK, APPELLANT.

89 N.Y.2d 850, 675 N.E.2d 1225, 653 N.Y.S.2d 273 (1996). 
November 21, 1996

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Elizabeth S. Natrella, for Appellant.
Submitted by Howard B. Sherman, for Respondent.

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 § 6-1.23 and New York City Health Code § 165.21(f), plaintiff failed to establish that the violation of these provisions was a proximate cause of her infant son's fatal accident.

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On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and complaint dismissed, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

Decided November 21, 1996