COOK v. TOWN OF OYSTER BAY

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The infant plaintiff was injured when she slipped and fell from a diving board at the Syosset — Woodbury Community Park pool in the Town of Oyster Bay. The plaintiffs allege that the defendant was negligent in failing to properly maintain the diving board and provide proper supervision. We disagree. The defendant's duty was to exercise care to make conditions as safe as they appeared to be. Here, the risk of injury to the infant plaintiff was obvious. The infant plaintiff had used the diving board on prior occasions, as well as on the date of the accident. By voluntarily participating in the activity, the infant plaintiff assumed the risk of injury. The defendant satisfied its duty of care, since the conditions were as safe as they appeared to be ( see, Turcotte v. Fell, 68 N.Y.2d 432, 438-439; see also, Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650,657). The plaintiffs failed to come forward with evidence sufficient to raise a triable issue of fact as to whether the diving board was defective ( see, Romano v. Stanley, 90 N.Y.2d 444, 451-452; Interstate Cigar Co. v. Dynaire Corp., 176 A.D.2d 699).

The plaintiffs' remaining contentions are without merit.

ALTMAN, J.P., H. MILLER, SCHMIDT, and SMITH, JJ., concur.