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DONOHOE v. TOWN OF BABYLON

246 A.D.2d 576 (1998)

667 N.Y.S.2d 287

Edward Donohoe, Appellant, v. Town of Babylon et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 20, 1998

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

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