Appellate Division of the Supreme Court of the State of New York September 12, 2002 (Murphy v. Herbert Construction Co.)

*504Plaintiff was employed as an independent contractor for Forest City Ratner, the owner of a building rehabilitation project at 10 MetroTech Center. Plaintiff was assigned to evaluate the condition of the building with respect to the project’s rehabilitation schedule. Appellant Arey Construction Corporation (hereinafter Arey) was the masonry subcontractor on the project.