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NELSON MARTINEZ, APPELLANT, v. CITY OF NEW YORK, RESPONDENT, ET AL., DEFENDANT.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the defendant City of New York (hereinafter the City) was entitled to summary judgment dismissing the complaint insofar as asserted against it (see, Boltax v. Joy Day Camp, 67 N.Y.2d 617; Valdez v. City of New York, 148 A.D.2d 697). A slippery condition at the edge of a swimming pool is necessarily incidental to the use of the pool (see, Valdez v. City of New York, supra; Sciarello v. Coast Holding Co., 242 App. Div. 802; see also, Beck v. Broad Channel Bathing Park, 255 N.Y. 641). Further, the granting of summary judgment to the City on this record was not premature, as there was only hope and speculation as to what additional discovery would uncover (see, Moriello v. Stormville Airport Antique Show Flea Market, 271 A.D.2d 664; Mazzaferro v. Barterama Corp., 218 A.D.2d 643).

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MARTINEZ v. CITY OF NEW YORK
(Oct 30, 2000)