HENDRICKS v. LEE'S FAMILY, INC.


301 A.D.2d 1013 (2003)

754 N.Y.S.2d 454

ROSNEY J. HENDRICKS, Appellant, v. LEE'S FAMILY, INC., et al., Respondents.

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

Decided January 30, 2003.


Carpinello, J.

On September 15, 1999, plaintiff sustained serious physical injuries after falling from a retaining wall near the loading dock at the rear of Ziggy's Sports Bar & Barbecue. The loading dock area is separated from the bar's parking lot by a grassy slope containing several bushes and trees. On the night in question, plaintiff was leaving Ziggy's when she decided to urinate behind the bushes. After plaintiff proceeded through the vegetation, one of...

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