Mount Vernon Fire Insurance v. Lundy

Balletta, J. P., dissents and votes to affirm the orders appealed from in the following memorandum:

I respectfully disagree with the majority and vote to affirm the orders directing the appellant Chadwick Lundy (hereinafter Lundy) to appear for a deposition in Kings County.

As a general rule, a party will be required to submit to a deposition upon oral questions conducted within the county in which the action is pending unless it is shown that "hardship” would result (see, CPLR 3110; Carella v King, 198 AD2d 567; Bristol-Myers Squibb Co. v Chen, 186 AD2d 999; Levine v St. Luke’s Hosp. Ctr., 109…