Morris Erbesh, NNE, Inc. v. Schwartz

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), entered October 12, 2004, which denied their motion, among other things, to strike the answer or compel the defendants to comply with the demand for a bill of particulars and notice to produce.

*533Ordered 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…