MATTER OF CUSHION v. BROOKLYN BOTANIC GARDEN


46 A.D.3d 1095 (2007)

847 N.Y.S.2d 307

In the Matter of the Claim of AUDREY CUSHION, Appellant, v. BROOKLYN BOTANIC GARDEN et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 13, 2007.


Mercure, J.

While en route home from work at the end of her shift, claimant was injured when she fell on a broken portion of a sidewalk located in the parking lot adjacent to her place of employment, the Brooklyn Botanic Garden. The parking lot, which was owned by the neighboring Brooklyn Museum of Art, was a public lot used by patrons of both the employer and the museum for a fee and was available for employees of both entities free of charge. Claimant did not park...

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