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MATTER OF WOOD v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

46 A.D.2d 961 (1974)

In the Matter of Mable Wood, Appellant, v. New York State Department of Environmental Conservation et al., Respondents. Workmen's Compensation Board, Respondent

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

December 18, 1974

The decision of the board recites portions of the testimony as given by the decedent's supervisors in regard to the custom for employees to eat lunch on the employment premises and their habits in regard thereto. It was a very informal and ruleless manner of business well known and recognized by the representatives of the employer. The decedent was killed when he was struck during the customary time for lunch as he was on a highway that fronted upon the employment premises...

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