Toyryla v. St. Denis

Appeal from an order of the Supreme Court (Rumsey, J.), entered July 30, 2013 in Cortland County, which denied defendants’ motion for summary judgment dismissing the complaint.

On April 2, 2010, plaintiff was seriously injured when he dove off a dock at the home of defendants — his sister and brother-in-law — on Cayuga Lake. The day was unseasonably warm, in the mid-80s. When plaintiff arrived, he joined the other adults on the dock, while the children went swimming. The T-shaped dock had a wooden ladder attached at the top of the T, facing the shore. Plaintiff and his wife discussed whether…