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SZARF v. BLUMENFELD

5 A.D.2d 887 (1958)

Jurek Szarf, Individually and as Administrator of The Estate of Mieczyslaw Szarf, Deceased, Appellant, v. Berek Blumenfeld, Respondent. (Appeal No. 1.)

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

March 24, 1958

Order modified by striking from the ordering paragraph item "1". As so modified, order affirmed, with $10 costs and disbursements to appellant.

Item "1" 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. Dumary, 140 App. Div. 838). Costs are allowed to appellant in view of the absence of a satisfactory...

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