THOMPSON, WILLIAM R. v. SITHE/INDEPENDENCE LLC

I respectfully dissent in part, because I cannot agree with the majority’s conclusion regarding plaintiffs Labor Law § 241 (6) claim. I otherwise agree with the remainder of the majority’s decision.

Defendants contend, and the majority agrees, that Supreme Court erred in granting 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. I disagree. Although the note of issue and certificate of readiness were filed prior to that motion, plaintiff’s reliance upon 12 NYCRR 23-1.16 “raises no new factual…