Pedro v. Burns

Appeal from an order of the Supreme Court (Best, J.), entered September 20, 1993 in Montgomery County, which denied defendant’s motion for a protective order.

This action for medical malpractice was commenced in May 1987. In December 1987, defendant suffered a myocardial infarction for which he was treated by Robert Eich. In March 1988, defendant was readmitted to the hospital and underwent bypass surgery. On October 9, 1989, defendant was deposed by *783plaintiffs’ attorney. Following the filing of a note of issue, the case was scheduled for trial on June 23, 1993. On June 8, 1993, plaintiffs’…