THOMPSON, WILLIAM R. v. SITHE/INDEPENDENCE LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal and cross appeal from an order of the Supreme Court, *1386Oswego County (James W McCarthy, J.), entered April 23, 2012. The order, inter alia, denied the motion of plaintiff for partial summary judgment pursuant to Labor Law § 240 (1).
It is hereby ordered that the order so appealed from is modified on the law by vacating the fifth ordering paragraph, reinstating the sixth and seventh affirmative defenses, denying plaintiffs motion for leave to amend the bill of particulars to include the violation of 12 NYCRR 23-1.16 as a basis for the Labor Law § 241 (6) claim and granting that part of…
2Cases cited16 opinions
- Lombardi v. StoutNew York Court of Appeals · 1992
- Ortega v. PucciaAppellate Division of the Supreme Court of the State of New York · 2008
- Ortiz v. Varsity Holdings, LLCNew York Court of Appeals · 2011
- Auriemma v. Biltmore Theatre, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Kwang Ho Kim v. D & W Shin Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2008
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