Coe v. Ta-Ga-Soke Campgrounds, Inc.

Order unanimously reversed on the law without costs, defendants’ motion for summary judgment denied and complaint reinstated. Memorandum: After being injured in a diving accident, plaintiff commenced this action alleging that defendants were negligent in failing to warn him

*981against diving into a shallow creek from a dock on or adjacent to defendants’ premises. Defendants moved for summary judgment dismissing the complaint on the ground that, as a matter of law, the sole proximate cause of plaintiff’s injury was his own reckless conduct in diving into shallow water. Plaintiff opposed the…