SANCINO v. METROPOLITAN TRANSP. AUTH.

11713. 159913/13.

184 A.D.3d 534 (2020)

124 N.Y.S.3d 534

2020 NY Slip Op 03615

Joseph Sancino, Appellant, v. Metropolitan Transportation Authority et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 25, 2020.


Plaintiff was an ironworker who was attempting to move a wheeled dumpster over an unfinished floor covered in portions by plywood slabs. As he reached a lip in the plywood, he heard a crack, and felt what he believed to be one of the wheels breaking. The dumpster became off balance and began to topple over, and when another site worker attempted to help, the dumpster toppled over on to plaintiff, allegedly injuring his toe. Plaintiff commenced this action asserting causes...

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