
    Arthur W. Caziarc, Resp’t v. Abram French Company, App’lt.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed December 27, 1895.)
    
    Pleading—Bill op particulars.
    Where, in an action for services, the defendant, in addition to a general denial, has set up in what way he claims the plaintiff has broken the contract of employment, the plaintiff should be apprised of the time and place, when and where the occasion took place upon which the defendant intends to offer proof. ...... ^
    Appeal from an order requiring defendant to furnish a bill of particulars. _ ___
    Butler, Stillman & Hubbard, for app’lt ; Peck & Field, for resp’t.
   PRATT, J.

—This is an appeal from an order requiring the defendant to serve a verified bill of particulars of the matter set up in the answer. In addition to a general denial, the defendant has set up in what way he claims the plaintiff has broken the contract of employment, and it is only fair the plaintiff should be apprised of the time and place when and where the occasions took place upon which he intends to offer proof. He will not be required to disclose his evidence, or the names of his witnesses. The order went too far in requiring the defendant to state the names of the persons in whose presence the plaintiff was intoxicated. With the modification of striking out that part of the order, the order appealed from is affirmed, without costs to either party.

All concur.  