Tornabene v. City of New York

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 fell into the trench. As a result of the fall, he injured his right hand and re-injured his right shoulder. He has brought this action…