Lachajczyk v. Schriber

— Order unanimously affirmed without costs. Memorandum: As a general rule, leave to amend pleadings should be freely granted; in this case, however, the proposed amendment is devoid of merit, and the court did not abuse its discretion by considering the merits (see, Andersen v University of Rochester, 91 AD2d 851, appeal dismissed 59 NY2d 968).

Plaintiff sought to amend his complaint to allege a violation of Labor Law § 240. Liability for a violation of this section cannot be imposed, however, where the contractor has no authority to supervise or control the plaintiff’s activities (Russin v…