In this action to recover damages for injuries sustained after plaintiff inadvertently reversed his motor vehicle into a large, open and unguarded trench located on a Suffolk County construction site, the Appellate Division, Second Department, in accordance with Horn Appellate Group’s arguments on appeal, reversed and reinstated Plaintiff’s Labor Law claim, holding that the moving defendant had failed to establish prima facie that the presence of the unguarded trench, which was large enough for a vehicle to fall into, did not violate 22 NYCRR 23-1.7(b)(1).
