Muscarella v. Herbert Construction Co.

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered November 4, 2002, which granted plaintiffs motion to restore the action to the trial calender, unanimously affirmed, without costs.

Plaintiff construction worker was injured at a job site in 1994. *113He commenced this action to recover for his injuries pursuant to Labor Law §§ 200 and 241. After note of issue had been filed, defendant moved for summary judgment. The motion was granted solely as to the section 241 claim. The parties thereafter stipulated to have the case marked off the trial calendar pending resolution of…