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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