Webber v. Miller

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Lifson, J.), dated November 3, 2003, which granted the *353defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff was dining at the defendants’ restaurant when he needed to use the bathroom facilities. Believing that the mens’ room was located in the bar area of the establishment, he walked up a few steps and along the side of the bar. Then, in response to asking the bartender for directions, the…