Appellate Division of the Supreme Court of the State of New York December 12, 2012 (Zastenchik v. Knollwood Country Club)

*862The plaintiff, a plumber, was allegedly injured when his foot became stuck in the mud to the depth of about 10 inches as he was retrieving pipes to be installed in a pro shop being constructed at a site owned by the Knollwood Country Club (hereinafter Knollwood). He commenced an action against Knollwood and Matell Contracting Company, Inc.