Fuller v. New York Central Mutual Fire Insurance

— Order unanimously reversed, on the law, without costs, and defendant’s motion granted, with leave to plaintiffs, if so advised, to renew their demand for a bill of particulars. Memorandum: Special Term erred in denying defendant’s motion to vacate plaintiffs’ demand for a bill of particulars. The demand is overbroad and improperly seeks evidentiary material (see Bonafede v Stevens Buick-Cadillac, 90 AD2d 690); names of *728possible witnesses (see Frequency Electronics v We’re Assoc. Co., 90 AD2d 822); and matters on which plaintiffs have the burden of proof (see New England Seafoods v Travelers…