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ROBERT J. SOMMELLA et al., Respondents, v. RICHARD ROACH et al., Defendants, and GREAT RIVER POOLS, INC., et al., Appellants. (And Other Actions.) (Action No. 1.) ROBERT J. SOMMELLA et al., Respondents,

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs. We agree with the Appellate Division that there have not been shown facts sufficient to require a trial of the claim that John Holze disconnected the rope marker in the swimming pool (CPLR 3212, subd [b]).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.

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SOMMELLA v. ROACH, GREAT RIVER POOLS, INC
(Apr 26, 1983)