In Markey v. C.F.M.M. Owners Corp. 51 AD3d [2d Dep't. 2008] the plaintiff was blinded when a piece of molding struck him in the eye while he operated an electric miter saw. In Markey, there was no question that the plaintiff was involved in a renovation that constituted "construction work" pursuant to Labor Law 241(6). Instead, the issue for resolution before the court was whether the lessee of the property was considered an owner for the purposes of the statute. The Appellate Division, Second Department concluded that the lessor was an "owner" pursuant to the statute. The court concluded further that there was an issue of fact as to whether the 12 NYCRR 23-1.8(a), which required eye protection when a person is ". . . engaged in any other operation which may endanger the eyes."