Courtney v. State of New York

In a claim to recover daiiiages for personal injuries, the claimant appeals from an order of the Court of Claims (Lopez-Summa, J.), dated April 28, 2015, which granted the defendant’s cross motion for summary judgment dismissing the claim and denied his motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The claimant allegedly was injured when he struck his head while diving into waves at Jones Beach State Park. In a claim dated July 25, 2011, the claimant alleged that the negligence of the defendant, the State of New York, caused his injuries.…