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:: Wednesday, October 19, 2005 ::
N.Y. Panel Finds Scaffold Law Applies to Lunch Break Accident - By Mark Fass, Law.com
"In the factual context of this case, we conclude that Labor Law §240(1) applies to the lunch break accident," Sullivan wrote. "As the record shows, the sidewalk bridge, where the lunch break was taking place, was used by the façade repair workers as a staging area, for storing equipment and mixing cement and as an entryway onto the scaffolding."
Even if Morales had been eating when he fell, Sullivan wrote, he would have had to come back to that same spot when he finished and returned to work.
Justices Angela M. Mazzarelli, George D. Marlow, Betty Weinberg Ellerin and James M. Catterson concurred on the ruling.
Morales' attorney, Mark H. Edwards of Gorayeb & Associates, said the decision sets a broad precedent.
"It's nice ... to have a decision that you can use for the general proposition that the Labor Law applies to a lunch break," Edwards said.------------------------------------------- posted 5:06 AM :: reference link ::
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