Legal Opinion
Claim of Cushion v. Brooklyn Botanic Garden
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2007PublishedCited by 6 opinions
1Opinion of the CourtMercure, J.
Appeal from a decision of the Workers’ Compensation Board, filed December 21, 2006, which ruled that claimant did not sustain an accidental injury arising out of and in the course of her employment.
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…
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