Ordered that the order is affirmed, with costs.
The Labor Law protects employees, defined as workers for hire (see Labor Law § 2 [5]). To be covered under the provisions of the Labor Law, a plaintiff must "demonstrate that he [or she] was both permitted or suffered to work on a building or structure and that he was hired by someone, be it owner, contractor or their agent" (Whelen v Warwick Val. Civic & Social Club,
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