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Jones v. Memorial Sloan Kettering Cancer Ctr.
Citation: 2020 NY Slip Op 05104Docket: 529579
Court: Appellate Division of the Supreme Court of the State of New York; September 24, 2020; New York; State Appellate Court
Original Court Document: View Document
Wendy Jones and others (plaintiffs) appealed an order from the Supreme Court of Franklin County that granted a protective order to Memorial Sloan Kettering Cancer Center and Dr. Colleen McCarthy (defendants). The plaintiffs alleged medical malpractice against McCarthy for using an incorrect breast implant during surgery, leading to severe disfigurement and emotional distress. Defendants requested that depositions occur in New York County rather than Franklin County, arguing that McCarthy's surgical schedule would be disrupted, potentially affecting patient care, as the distance between the counties is approximately 350 miles and the depositions would take three days. The plaintiffs contended that defendants had not previously objected to being deposed in Franklin County. The Supreme Court ruled in favor of the defendants, determining that conducting depositions in New York County would minimize potential disruptions to patient appointments. The court emphasized the importance of weighing the parties' interests and found that the likelihood of patient impact justified the decision. The appellate court affirmed the lower court's order, concluding that there was no clear abuse of discretion. Additionally, the plaintiffs' arguments raised for the first time on appeal were deemed unpreserved. The opinion noted the potential benefits of conducting depositions via video, especially in light of the COVID-19 pandemic. Costs were awarded to the defendants.