Plaintiff, an employee of third-party defendant Rite-Way Internal Removal, Inc., a subcontractor hired by defendant Americon, the general contractor, to perform work at a building owned by defendant Rockefeller Center, was struck in the shoulder by a piece of masonry that broke apart while he was placing it in a disposal container. Plaintiff's claim pursuant to Labor Law § 241 (6) was properly dismissed. The Industrial Code provisions cited by plaintiff in support of...
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