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THOMPSON v. SITHE/INDEPENDENCE, LLC

289 CA 12-01647.

107 A.D.3d 1385 (2013)

967 N.Y.S.2d 279

2013 NY Slip Op 4134

WILLIAM R. THOMPSON, Respondent-Appellant, v. SITHE/INDEPENDENCE, LLC, et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 7, 2013.

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 plaintiff's 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 defendants' cross motion for summary judgment dismissing the Labor Law § 241 (6) claim, and as modified the...

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