Courtney v. State
| Decision Date | 23 August 2017 |
| Docket Number | Claim No. 120941. 2015-08232. |
| Parties | Alejandro COURTNEY, Jr., appellant, v. STATE of New York, respondent. |
| Court | New York Supreme Court — Appellate Division |
153 A.D.3d 780
61 N.Y.S.3d 256
Alejandro COURTNEY, Jr., appellant,
v.
STATE of New York, respondent.
Claim No. 120941. 2015-08232.
Supreme Court, Appellate Division, Second Department, New York.
Aug. 23, 2017.
Alan C. Glassman, Lynbrook, NY (Adam D. Glassman of counsel), for appellant.
Eric T. Schneiderman, Attorney General, New York, NY (Anisha S. Dasgupta and Eric Del Pozo of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, LEONARD B. AUSTIN, and LINDA CHRISTOPHER, JJ.
In a claim to recover damages 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. The claimant moved for summary judgment on the issue of liability, and the defendant cross-moved for summary judgment dismissing the claim, arguing that it had no duty to warn, that it satisfied its
general duty to provide adequate supervision of the beach, and that the claimant assumed the risks inherent in swimming in the ocean. The Court of Claims granted the defendant's cross motion and denied the claimant's motion. The claimant appeals. We affirm.
Governmental entities owe a duty to " ‘act as a reasonable [person] in maintaining [their] property in a reasonably safe condition’ " ( Preston v. State of New York, 59 N.Y.2d 997, 998, 466 N.Y.S.2d 952, 453 N.E.2d 1241, quoting Basso v. Miller, 40 N.Y.2d 233, 241, 386 N.Y.S.2d 564, 352 N.E.2d 868 ; see Caldwell v. Village of Is. Park, 304 N.Y. 268, 273, 107 N.E.2d 441 ). "The...
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...; see Herman v. State of New York, 63 N.Y.2d 822, 823, 482 N.Y.S.2d 248, 472 N.E.2d 24 ; 80 N.Y.S.3d 433 Courtney v. State of New York, 153 A.D.3d 780, 781, 61 N.Y.S.3d 256 ; Smyth v. County of Suffolk, 172 A.D.2d 741, 742, 569 N.Y.S.2d 128 ). In opposition, the plaintiff failed to raise a ......