Bumbulsky v. McCarthy

Kane, J. P.

Appeal from an order of the Supreme Court (Conway, J.), entered August 8, 1988 in Albany County, which granted plaintiffs’ motion for a further pretrial deposition of defendant F. Theresa McCarthy.

This is a medical malpractice action in which plaintiffs are seeking damages for injuries allegedly sustained as the result of a surgical procedure performed by defendant F. Theresa McCarthy (hereinafter defendant) on plaintiff Anne M. Bum*858bulsky (hereinafter plaintiff).* In defendant’s answer to plaintiff’s complaint, she asserted an affirmative defense of culpable conduct on plaintiff’s…