TRINIDAD v. TURNER CONSTR. CO.

150133/15. Appeal No. 12655. Case No. 2020-02510.

189 A.D.3d 565 (2020)

138 N.Y.S.3d 15

2020 NY Slip Op 07519

Robert Trinidad, Appellant, v. Turner Construction Company, Respondent.

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

Decided December 15, 2020.


Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York ( D. Allen Zachary of counsel), for appellant.

Tyson & Mendes, LLP, New York ( Michael W. Coffey of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Singh, Kennedy, JJ.


Plaintiff testified that he was pushing a container of cinder blocks down a hallway when the front wheel of the container rolled over a piece of plywood covering a three-inch-wide gap in the floor, and the plywood broke. The wheel fell into the gap, and the container tipped forward, spilling its contents and propelling him into the air, head over heels past the container onto his back on the spilled contents on the floor.

As Industrial Code (12 NYCRR) § 23-1...

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