In Kelleir v. Supreme Indus. Park (293 AD2d 513 [2d Dept 2002]) the Court held that: "although a plaintiff asserting a Labor Law 241 (6) cause of action must allege a violation of a specific and concrete provision of the Industrial Code, a failure to identify the Code provision in the complaint or bill of particulars is not fatal to such a claim. Thus, the plaintiffs' belated allegation of a violation of 12 NYCRR 23-1.8 (a) involved no new factual allegations, raised no new theories of liability, and caused no prejudice to the defendants. The plaintiffs' failure to seek leave of court to supplement their bill of particulars is not fatal to their Labor Law 241 (6) claim."