SOMMELLA v. ROACH, GREAT RIVER POOLS, INC

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.