Taylor v. Village of Ilion

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this negligence action after being rendered a quadriplegic as a result of diving headfirst into Steele Creek, owned by defendant, Village of Ilion (Village). He contends that the Village failed to exercise reasonable care in warning against or preventing the use of its property for swimming and diving. Plaintiff dove into the creek at the foot of a waterfall created by the English Street Dam, located only 20 to 30 feet from a Village swimming pool. The…