Plaintiff, a truck driver employed by third-party defendant Rite-Way Internal Removal, Inc. (Rite Way), suffered injuries to his face and right eye when, while performing construction debris removal at a building under renovation, a piece of debris shattered as it was being compacted in the garbage truck and struck him in the face.
Dismissal of the Labor Law § 241 (6) claim was warranted since defendants and Rite Way established that plaintiff was not a worker...
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