Mortis v. Dittl

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff commenced this negligence action to recover damages for injuries she sustained when she dove into Fourth Lake from the end of a dock located on property owned by defendant. Defendant moved for summary judgment dismissing the complaint on the ground that plaintiffs reckless conduct was an unforeseeable superseding event and thus the sole legal cause of plaintiffs injuries. Supreme Court denied the motion, finding an issue of fact whether plaintiffs conduct was reckless. That was…