Claus v. John Hancock Mutual Life Insurance

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about October 31, 1997, which granted plaintiffs’ motion to vacate an earlier judgment, denied a motion and cross motion to dismiss the complaint to the extent of upholding claims under Labor Law § 241 (6), severed and continued those claims, along with all related counterclaims, cross claims and third-party claims, and granted plaintiffs leave to interpose an amended bill of particulars, deeming the proffered amended bill served and filed, unanimously affirmed, without costs.

Under the unique circumstances presented,…