Mugglin, J.
On February 20, 2001, claimant was plastering a ceiling on the second floor of a building located at 335 West 38th Street in Manhattan when he fell from a scaffold and injured himself. The building was being renovated into apartments and the unit in which claimant was working was owned by Steven Newman and was used as his residence. Following claimant's injury, he made an application for workers' compensation benefits and
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