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CLAUS v. JOHN HANCOCK MUT. LIFE INS. CO.

254 A.D.2d 102 (1998)

679 N.Y.S.2d 6

William Claus et al., Respondents, v. John Hancock Mutual Life Insurance Company et al., Defendants and Third-Party Plaintiffs. A. J. Contracting Co., Third-Party Defendant-Appellant, et al., Third-Party Defendants. A. J. Contracting Co., Inc., Sued Herein as A. J. Contracting Co., Fourth-Party Plaintiff-Appellant-Respondent, v. Hi Tech Data Floors, Inc., Fourth-Party Defendant-Respondent-Appellant. A. J. Contracting Co., Inc., Sued Herein as A. J. Contracting Co., Second Fourth-Party Plaintiff-Appellant, et al., Second Fourth-Party Defendants

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

October 13, 1998

Under the unique circumstances presented, the court's vacatur of its prior judgment was a proper exercise of its inherent power (see, Ladd v Stevenson, 112 N.Y. 325, 331-332). Leave to amend the bill of particulars was appropriately granted by the court sua sponte (see, e.g., Zinn v Long Is. Jewish Med. Ctr., 101 A.D.2d 860, 861), since it had inherent power...

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