Johnson v. City of Corning

—Order unanimously modified on the law and as modified *866affirmed, without costs in accordance with the following Memorandum: Plaintiff was injured when he slipped or tripped on electrical wires and fell into a wastewater treatment tank. Supreme Court properly granted that part of the cross motion of defendant City of Corning (City) for summary judgment dismissing the Labor Law § 240 (1) claim. A worker’s fall into an opening from ground level while the worker is traversing a worksite is not within the purview of the statute (see, Mazzu v Benderson Dev. Co., 224 AD2d 1009; see also, Panepinto v…