Extended Search
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type
Extended Search
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type

Velasquez v. 795 Columbus LLC – Case Brief Summary (New York)

In Velasquez v. 795 Columbus LLC (103 AD3d 541, 959 N.Y.S.2d 491 [1st Dept 2013]), a worker was injured when "he slipped and fell on mud, rocks and water' at a construction site" (see id. at 541).

The muddy condition was caused by water from rain and a nearby water main break that occurred a few days before the accident.

The plaintiff asserted a Labor Law § 241(6) cause of action premised on violation of 12 NYCRR 23-1.7(d).

The First Department held that "plaintiff's testimony that his foreman instructed him to work on the day of the accident, despite the presence of a muddy and wet condition, established negligence for which defendants may be held vicariously liable, and defendants failed to raise a triable issue of fact in opposition." (See id. at 542.)