You're talking about a completely different situation there, but as far as your hypotheticals, the same general issue that Kevin and I mentioned above would apply (if it's the law in NY). A person has a responsibility to use their own judgment and senses to hazards, if at all possible. A blind or elderly person may have reduced sensory perception, but they're still responsible for adjusting for that limited sensory perception. The fact that an injured individual may be elderly or blind doesn't automatically mean that the city would be liable.

Plus, you may have the same sovereign immunity problem regardless of the pre-existing condition of the injured party.

That's awesome, that made my day. Thanks Tess.

i know workers were out there, but did it also state the time of day this happened? is there any possibility that construction was being done at night time?

Exactly. A blind person shouldn't (and normally wouldn't) be crossing a city steet without a guide -- human or canine -- that would see the hole and avoid it or a cane, which would alert her that there was no street where she was about to step.