MATTER OF KOUVATSOS v. LINE MASTERS, INC.


281 A.D.2d 769 (2001)

722 N.Y.S.2d 118

In the Matter of the Claim of HELEN KOUVATSOS, Appellant, v. LINE MASTERS, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 15, 2001.


Mugglin, J.

Peter Kouvatsos (hereinafter decedent) sustained fatal injuries in a fall from the four-story building where his employer rented the third floor. Decedent had taken a short break from work to go to the roof with a co-worker, who smoked a cigarette. According to the co-worker it was a very windy day, but decedent's fall was unwitnessed and the cause of the fall is unknown. The co-worker testified that it had been a common practice for employees to go to...

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