The Appellate Division, Second Department has affirmed an Order of the Supreme Court, Queens County, granting summary judgment to homeowner defendants represented by DSB. The plaintiff, a friend of the defendants, was injured when, while under the influence of alcohol, he dove head-first into a partially above-ground pool, sustaining injuries. The Court agreed that the plaintiff’s actions, in diving into a shallow pool while under the influence of alcohol, were the sole proximate cause of his injuries. Dismissal of the Complaint was affirmed.
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