Opinion
January 31, 1994
Appeal from the Supreme Court, Kings County (Krausman, J.).
Ordered that the order is affirmed, with costs.
The then-14-year-old infant plaintiff sustained personal injuries when she dove into a pool which was owned, operated, and maintained by the defendant. Despite the fact that she was aware of the depth of the water and had read the "no diving" caution painted around the pool deck, she alleges that her injuries were proximately caused by the defendant's negligence in that, among other things, the lifeguards did not orally enforce the "no diving" rule.
Even assuming that the defendant breached a duty by failing to reinforce the written "no diving" prohibition, on this record it cannot be said that that negligence was a proximate cause of the infant plaintiff's injuries (see, Smith v. Stark, 67 N.Y.2d 693; Valdez v. City of New York, 148 A.D.2d 697; Anello v. Town of Babylon, 143 A.D.2d 714; cf., Jodko v. City of New York, 163 A.D.2d 275). Thus, the Supreme Court properly granted the defendant's motion for summary judgment. Miller, J.P., O'Brien, Ritter and Santucci, JJ., concur.