MORRIS ERBESH, NNE, INC. v. SCHWARTZ


21 A.D.3d 532 (2005)

799 N.Y.S.2d 905

MORRIS ERBESH, NNE, INC., et al., Appellants, v. ESTHER E. SCHWARTZ et al., Respondents.

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

August 22, 2005.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs' motion because the plaintiffs' demand for a bill of particulars and notice to produce were "palpably improper" (see Hillside Equities v. UFH Apts., 297 A.D.2d 704, 705 [2002]; Harrell v. County of Nassau, 227 A.D.2d 590

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