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FLYNN v. 835 6TH AVENUE MASTER L.P.

10484, 107370/09, 591063/09, 590869/10, 591007/10.

107 A.D.3d 614 (2013)

969 N.Y.S.2d 13

2013 NY Slip Op 4889

DOUGLAS FLYNN, Appellant-Respondent, v. 835 6TH AVENUE MASTER L.P. et al., Respondents-Appellants. 835 6TH AVENUE MASTER L.P. et al., Third-Party Plaintiffs-Respondents-Appellants, v. CENTURY-MAXIM CONSTRUCTION CORP. et al., Third-Party Defendants-Respondents. CENTURY-MAXIM CONSTRUCTION CORP., Second Third-Party Plaintiff-Respondent, v. REBAR LATHING CORP., Second Third-Party Defendant-Respondent/Third Third-Party Defendant-Respondent. 835 6TH AVENUE MASTER L.P. et al., Third Third-Party Plaintiffs-Respondents-Appellants.

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

Decided June 27, 2013.

The court properly permitted plaintiff to amend the bill of particulars, since no prejudice accrued from plaintiff's late invocation of violations of 12 NYCRR 23-1.7 (e) (2) and 23-2.1 (a) (1), and the claims entailed no new factual allegations or theories of liability (see Burton v CW Equities, LLC, 97 A.D.3d 462, 463 [1st Dept 2012]; Latchuk v Port Auth. of N.Y. & N.J., 71 A.D.3d 560

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