Ordered that the order is reversed, with costs, and the motion is granted, with leave to the plaintiff, if it be so advised, to serve a proper amended demand.
The plaintiff's demand for a bill of particulars includes improper requests for (1) evidentiary material (see, e.g., Manchester Deli v. County of Dutchess, 114 A.D.2d 1013; Ginsberg v Ginsberg, 104 A.D.2d 482, 484), (2) names and addresses of prospective witnesses with no showing of special and unusual circumstances warranting such disclosure (see, Ginsberg v Ginsberg, supra; Nazario v. Fromchuck, 90 A.D.2d 483; Brill v Chien Yuan Kao, 61 A.D.2d 1000), and (3) matter upon which the plaintiff has the burden of proof (see, e.g., Ginsberg v Ginsberg, supra; Nazario v. Fromchuck, supra). In view of the foregoing, we view the demand as unduly burdensome and oppressive. The proper remedy under these circumstances is to vacate the demand with leave to amend rather than pruning of the demand (see, Manchester Deli v. County of Dutchess, supra; Nazario v. Fromchuck, supra). Accordingly, we reverse and grant the motion to vacate. Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.