In McKenzie v. Columbus Centre LLC, 40 AD3d 312 (1st Dept 2007) a pedestrian fell in a roadway depression located "under" a sidewalk protective shed "erected" at a demolition site from which the contractor derived a "special benefit." The First Department denied the scaffold contractor's motion for summary judgment on the ground that triable issues of fact existed as to whether it created an unsafe condition by erecting a protective sidewalk shed which directed plaintiff toward a roadway depression located underneath the shed.