Block v. Fairbairn

The plaintiffs made a request to this court for reconsideration of its decision "by opinion mailed December 22, 1971 in the above-entitled action and submitted certain cases in support of its request, some of which decisions are considered in this supplemental opinion.

In 1958 the Appellate Division, Second Department, in Szarf v. Blumenfeld (5 A D 2d 887) stated: “Item 11 ’ is improper because it seeks the names of witnesses present at the making of an alleged oral agreement of joint venture. This is not a proper function of a bill of particulars (Wilson & Baillie Mfg. Co. v. Dummary, 140…