NYC Must Face Jury Over Woman’s Fall Into Open Pit

The City of New York must face the personal injury claims of a woman who fell into an uncovered pit at a construction site, a New York appeals court ruled.

The Jan. 16 decision by the New York Supreme Court Appellate Division, Second Department, reversed a summary judgment for the city, rejecting the trial court’s conclusion that the municipality was an out-of-possession landlord when Basherat Agbosasa was injured.

The city didn’t meet its burden of demonstrating it had relinquished all control over the site to its lessee, Fitmar Management LLC, the court said.

Agbosasa says she fell into the uncovered ...