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TAYLOR v. VILLAGE OF ILION

265 A.D.2d 841 (1999)

695 N.Y.S.2d 467

CHRISTOPHER TAYLOR, Respondent, v. VILLAGE OF ILION, Appellant and Third-Party Plaintiff-Respondent. SPORTING GOODS PROPERTIES, INC., Third-Party Defendant-Appellant.

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

Decided October 1, 1999.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this negligence action after being rendered a quadriplegic as a result of diving headfirst into Steele Creek, owned by defendant, Village of Ilion (Village). He contends that the Village failed to exercise reasonable care in warning against or preventing the use of its property for swimming and diving. Plaintiff dove into the creek...

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