Opinion
Argued October 5, 2000.
October 30, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Bruno, J.), dated October 6, 1999, as granted the motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it.
Sullivan Papain Block McGrath Cannavo, P.C., New York, N Y (Stephen C. Glasser and Stewart G. Milch of counsel), for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Cheryl Payer of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, LEO F. McGINITY, JJ.
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).