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FINGUERRA v. CONN

280 A.D.2d 420 (2001)

720 N.Y.S.2d 497

MARK FINGUERRA, Respondent, v. STEPHEN CONN et al., Defendants, and SUMMER ACTIVITIES, INC., et al., Appellants. JETLINE PRODUCTS OF LONG ISLAND, INC., Fourth-Party Plaintiff, v. CARDINAL SYSTEMS, Fourth-Party Defendant-Appellant. (And Other Actions.)

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

Decided February 22, 2001.

This Court's prior determination (reported at 252 A.D.2d 463), rejecting plaintiff's negligence claim against the owners of a swimming pool, on the basis that plaintiff's own reckless conduct in consuming alcoholic beverages and then diving into a section of the pool where the water was not deep enough to safely support his dive, even though he was familiar with the pool and its contours, was the proximate cause of his injuries, bars plaintiff...

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