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Justice Lawrence Ecker

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Decedent drowned in a friend’s backyard swimming pool while heavily intoxicated in this personal injury and wrongful death action. Decedent’s widow, and administratrix of his estate, sued defendants arguing as property owners they owed decedent a duty of care to provide reasonable supervision, yet acted with negligence and recklessness by permitting decedent to use the pool in his extremely intoxicated state, thus, were responsible for his death by drowning. Defendants moved for dismissal. Plaintiff conceded decedent was voluntarily intoxicated when he entered the pool, but the issue was if defendants owed him a duty to prevent decedent from entering the pool given his state and their awareness of same. The court found like the court in Sheehy v. Big Flats Day Inc., 73 NY2d 629 in which the court refused to recognize a common-law cause of action against providers of alcoholic beverages in favor of persons injure as a result of their own voluntary intoxication, same applied herein. Thus, adhering to the constricts of CPLR 3211(a), it found plaintiff failed to show that a cause of action was stated despite according her the benefit of every possible favorable inference. Hence, the court granted defendants dismissal.

Justice Lawrence Ecker

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Decedent drowned in a friend’s backyard swimming pool while heavily intoxicated in this personal injury and wrongful death action. Decedent’s widow, and administratrix of his estate, sued defendants arguing as property owners they owed decedent a duty of care to provide reasonable supervision, yet acted with negligence and recklessness by permitting decedent to use the pool in his extremely intoxicated state, thus, were responsible for his death by drowning. Defendants moved for dismissal. Plaintiff conceded decedent was voluntarily intoxicated when he entered the pool, but the issue was if defendants owed him a duty to prevent decedent from entering the pool given his state and their awareness of same. The court found like the court in Sheehy v. Big Flats Day Inc. , 73 NY2d 629 in which the court refused to recognize a common-law cause of action against providers of alcoholic beverages in favor of persons injure as a result of their own voluntary intoxication, same applied herein. Thus, adhering to the constricts of CPLR 3211(a) , it found plaintiff failed to show that a cause of action was stated despite according her the benefit of every possible favorable inference. Hence, the court granted defendants dismissal.