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.)