Baschuk v. Diver's Way Scuba, Inc.

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated July 9, 1993, which, inter alia, granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On April 23, 1991, the plaintiff paid a tuition fee to enroll in a scuba diving course sponsored by the defendant at its facilities, which included a private swimming pool. The course was taught by an independent certified scuba diving instructor. At the beginning of the first class on May 1,…