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CARLOS VELASQUEZ, plfres, v. 795 COLUMBUS LLC def-ap

9330. CARLOS VELASQUEZ, plfres, v. 795 COLUMBUS LLC def-ap — McGaw, Alventosa & Zajac, Jericho (James K. O'Sullivan of counsel), for ap — Hach & Rose, LLP, New York (Robert F. Garnsey of counsel), for res — Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered December 16, 2011, which granted plaintiff's motion for partial summary judgment on his Labor Law §241(6) claim and on his Labor Law §200 claim to the extent it is asserted against defendant Tishman Construction, and denied defendants' cross motion for summary judgment dismissing the Labor Law §200 claim and the claim for lost wages, unanimously affirmed, without costs.

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9330. CARLOS VELASQUEZ, plfres, v. 795 COLUMBUS LLC def-ap — McGaw, Alventosa & Zajac, Jericho (James K. O’Sullivan of counsel), for ap — Hach & Rose, LLP, New York (Robert F. Garnsey of counsel), for res — Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered December 16, 2011, which granted plaintiff’s motion for partial summary judgment on his Labor Law §241(6) claim and on his Labor Law §200 claim to the extent it is asserted against defendant Tishman Construction, and denied defendants’ cross motion for summary judgment dismissing the Labor Law §200 claim and the claim for lost wages, unanimously affirmed, without costs.

Plaintiff alleges that he was injured when he slipped and fell on “mud, rocks and water” at a construction site that, at the time, consisted of an open excavation. He claims that a muddy condition had formed on the concrete floor at the bottom of the site due to water from rain and a nearby water main break that occurred a few days before the accident.

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