SMITH v. STARK

¶ Order affirmed insofar as appealed from, without costs or disbursements.

¶ Plaintiff has failed to present a genuine issue of fact as to defendant Union Carbide's liability (see Southern Assoc. v. United Brands Co., 67 A.D.2d 199). Plaintiff's testimony at an examination before trial effectively belies his contention that the design of the swimming pool liner manufactured by Union Carbide proximately caused his accident (cf. Sommella v. Roach, 91 A.D.2d 630, affd 59 N.Y.2d 622). Mollen, P.J., Weinstein, Rubin and Eiber, JJ., concur.