Donohoe v. Town of Babylon

Full title: EDWARD DONOHOE, Appellant, v. TOWN OF BABYLON et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 20, 1998

246 A.D.2d 576 (N.Y. App. Div. 1998)

667 N.Y.S.2d 287

Opinion

January 20, 1998

Appeal from the Supreme Court, Suffolk County (Doyle, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment. The plaintiff's act of diving headfirst into water which he knew to be shallow was an unforeseeable superseding event absolving the defendants of any liability ( see, Boltax v. Joy Day Camp, 67 N.Y.2d 617; DeRosa v. U.S. Dredging Corp., 215 A.D.2d 625; Rowell v. Town of Hempstead, 186 A.D.2d 553; see also, Olsen v. Town of Richfield, 81 N.Y.2d 1024; Howard v. Poseiden Pools, 72 N.Y.2d 972).

Rosenblatt, J.P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.