James v. Evergreen Homes Const. Corp

In James v. Evergreen Homes Const. Corp., 2011 NY Slip Op 33006(U), where the plaintiff was using an air-compressed nail gun to secure a piece of plywood when a nail ricocheted back towards him, striking him in the right eye, the Court found triable issues of fact as to whether, at the time of the accident, the plaintiff was engaged in work that may endanger the eyes so as to require the use of protective eye gear pursuant to Industrial Code 23-1.8(a).