Ordered that the order is affirmed, with costs.
On June 12, 1994, at approximately 1:30 A.M., the plaintiff, an intoxicated guest at the defendants' hotel, climbed over a fence to gain access to the hotel's shallow no-diving pool, which was closed. He dove headfirst into the pool from a lifeguard stand and was seriously injured. The plaintiff, an adult, was an experienced swimmer and familiar with pools.
The Supreme Court properly granted the defendants' motion...
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