In Orellana Siguenza v. Cemusa, Inc., 127 AD3d 727, 6 N.Y.S.3d 568 (2nd Dept 2015), plaintiff claimed that he was injured while erecting a bus shelter. However, at the time of the alleged accident, work had not yet begun on the construction of the bus shelter, plaintiff's employer was not hired to build the bus shelter, plaintiff was not to actually help erect the bus shelter, and plaintiff's only work at the site involved the demolition and restoration of a sidewalk. Thus, held the Appellate Division, plaintiff could not be considered a person "employed" to perform an activity enumerated under Labor Law section 240(1).