In O'Connor v. Lincoln Metrocenter Partners (266 AD2d 60, 698 N.Y.S.2d 632 [1st Dept 1999]), the plaintiff was injured when he fell into a three-foot by four-foot hole in the floor. The hole was covered by a piece of plywood which shifted and gave way (id.).

The First Department, relying upon Carpio v. Tishman Constr. Corp. of NY, held that plaintiff was engaged in work involving a gravity-related risk at the time of his injury (id.).