Opinion
June 19, 1997
Appeal from the Supreme Court, New York County (Eileen Bransten, J.).
Concerning defendant's document demand, plaintiff's retaining lien cannot justify a refusal to disclose documents clearly needed by defendant to prosecute her counterclaim for malpractice ( see, Rosenberg Estis v. Stewart, 138 Misc.2d 72). Concerning plaintiff's demand for a bill of particulars, we agree with the motion court that it is so replete with palpably improper requests for evidentiary materials as to warrant its vacatur even though defendant's motion for relief therefrom was not timely ( see, Helfant v. Rappaport, 14 A.D.2d 764, 765; Posh Pillows v Hawes, 138 A.D.2d 472, 474).
Concur — Sullivan, J.P., Rosenberger, Ellerin, Williams and Colabella, JJ.