GOODE v. UNITED ARTISTS EASTERN THEATRE CORP.


190 A.D.2d 710 (1993)

Ronald Goode et al., Appellants, v. United Artists Eastern Theatre Corp., Doing Business as Commack Drive-in, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 8, 1993


Ordered that the judgment is reversed, on the law, and a new trial is granted with costs to abide the event.

At approximately 7:00 P.M. on October 3, 1986, the plaintiff Ronald Goode, a Suffolk County police officer, responded to the defendant's premises, a drive-in movie theater that was closed for the winter season, to investigate a burglar alarm. It was dark, raining heavily, and there was no lighting on the property. As he stepped back after checking the doors...

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