Thomas v. Benedictine Hosp., 296 A.D.2d 781, 745 N.Y.S.2d 606, 2002 N.Y. Slip Op. 05997, N.Y.A.D. 3 Dept., Jul 25, 2002
Patient filed medical malpractice claim against hospital and physicians. The Supreme Court, Ulster County, Bradley, J., denied patient's motion to compel hospital to produce certain individuals for examination. Patient appealed. The Supreme Court, Appellate Division, Spain, J., held that: (1) Supreme Court was justified in denying patient's request to depose hospital further, and (2) although patient's failure to comply with Supreme Court's order directing her to depose physician was willful, it was not prejudicial.