In this action to recover damages after plaintiff was struck in the head by falling debris during construction-site demolition activities, the Appellate Division, Second Department, in accordance with M&H’s arguments on appeal, vacated the lower court’s dismissal and reinstated the Labor Law 241(6) cause of action. In so holding, the appellate court determined that Defendants had failed to establish either that the work in question was not covered by the Industrial Code provision requiring the use of protective headwear, or that the lack of protective headwear did not contribute to his injuries.