September 12, 2018

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.