Walsh v. Turner Construction Co.

—Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered June 12, 1997, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Plaintiff Edward Walsh, a bus driver for third-party defendant Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), was injured when the bus he was driving went into a trench on Bainbridge Avenue near Gun Hill Road in the Bronx adjacent to a construction site for a new wing of defendant Montefiore Hospital, which is located at…