Opinion
February 14, 1995
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as it is asserted against the defendant County of Suffolk.
The plaintiff injured his foot when, while rope-swinging from a tree into a river, he landed in shallow water. The evidence presented with respect to the motion of the defendant County of Suffolk for summary judgment establishes that the sole legal cause of the plaintiff's accident was the plaintiff's reckless conduct. The plaintiff's testimony at his deposition and at a hearing pursuant to General Municipal Law § 50-h established that the plaintiff was familiar with the depth of the water, both by being in it prior to the accident and by observing other swimmers. Accordingly, the County was entitled to summary judgment dismissing the complaint insofar as it is asserted against it (see, Olsen v. Town of Richfield, 81 N.Y.2d 1024; Rowell v. Town of Hempstead, 186 A.D.2d 553). Ritter, J.P., Pizzuto, Friedmann and Goldstein, JJ., concur.