Practice point: On a § 241(6) claim, plaintiff must plead a violation of a specific and applicable provision of the Industrial Code.
Students should note that the provision may be alleged in an amended pleading, even after the note of issue has been filed, if there is a showing of merit, there are no new factual allegations or theories of liability, and there is no prejudice to defendant.
The case is D'Elia v. City of New York , NY Dept. 2011
Tomorrow's issue is motion practice.
