Order reversed on the law with costs, motion denied and complaint reinstated.
Memorandum:
Plaintiff sustained severe injuries as the result of his headfirst dive from a bridge into the Salmon River. Defendant, Niagara Mohawk Power Corporation (Niagara Mohawk), controlled the water level of the river through a series of dams. Plaintiff alleged that Niagara Mohawk was negligent in failing to warn of the danger in diving from the bridge and in artificially regulating...
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