TORNABENE v. CITY OF NEW YORK

19697/06.

40 Misc.3d 992 (2013)

970 N.Y.S.2d 394

2013 NY Slip Op 23220

GUISEPPE TORNABENE, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Kings County.

June 27, 2013


Attorney(s) appearing for the Case

Dinkes & Schwitzer P.C., New York City ( Laurence D. Rogers of counsel), for plaintiff. Harris King & Fodera, New York City ( Thomas King of counsel), for Roadway Contracting, Inc., defendant. Greenblatt Lesser LLP, New York City ( Lynn Abelson Liebman of counsel), for City of New York and others, defendants.


OPINION OF THE COURT

SYLVIA G. ASH, J.

This action arises out of a utility worker's fall into an open trench in a roadway at the New South Ferry Terminal Structural Box, a major construction project in Manhattan. Along the perimeter of the trench and at the depth of one to two inches below the road surface ran a horizontal I beam with the flange width of about 12 inches. On October 31, 2005, plaintiff, Guiseppe Tornabene, was walking on the flange when he...

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