Opinion
October 5, 1987
Appeal from the Court of Claims (Blinder, J.).
Ordered that the judgment is affirmed, with costs.
A review of the record supports the trial court's determination that the claimant failed to establish that negligence on the part of the Jones Beach lifeguards contributed to the apparent death by drowning of the claimant's decedent.
Also without merit is the claimant's contention that the defendant Long Island State Park and Recreation Commission breached a duty to warn potential bathers of a dangerous lateral "sweep" condition along the shoreline. The record is bereft of evidence that the employment of such warnings would have prevented the mishap or altered the behavior of the claimant's decedent, an experienced ocean swimmer. One who engages in water sports assumes the reasonably foreseeable risks inherent in the activity (Herman v. State of New York, 94 A.D.2d 161, affd 63 N.Y.2d 822, rearg denied 64 N.Y.2d 755). Furthermore, there was no evidence that the allegedly hazardous water conditions were not readily observable to all at the beach (cf., Cimino v. Town of Hempstead, 110 A.D.2d 805, affd 66 N.Y.2d 709). We further note that the claimant did not even show that the warnings which she contended to be necessary were not employed. Weinstein, J.P., Rubin, Kunzeman and Kooper, JJ., concur.