Appellate Division of the Supreme Court of the State of New York September 12, 2002 (Wise v. 141 McDonald Avenue, LLC)

Plaintiff, a construction worker, was performing “layout” work on the second floor of a three-story building under construction at 141 McDonald Avenue, Brooklyn, New York, when he was injured. Defendant 141 McDonald Avenue, LLC is the owner of the property, and defendant P.L.P. Reconstruction Corp. was the general contractor.