Legal Opinion
Gartner v. Unified Windows, Doors & Siding, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 2009PublishedCited by 15 opinions
1Opinion of the Court
While depositions of the parties to an action are generally held in the county where the action is pending (see CPLR 3110 [1]), if a party demonstrates that conducting his or her deposition in that county would cause undue hardship, the Supreme Court can order the deposition to be held elsewhere (see LaRusso v Brookstone, Inc., 52 AD3d 576, 577 [2008]; Hoffman v Kraus, 260 AD2d 435, 437 [1999]). Here, the Supreme Court providently exercised its discretion in denying the appellant’s motion to compel Dora Lillian Alvarado Hernandez, a plaintiff in action No. 1, and the infant children of David…
2Cases cited4 opinions
- Hoffman v. KrausAppellate Division of the Supreme Court of the State of New York · 1999
- Rogovin v. RogovinAppellate Division of the Supreme Court of the State of New York · 2004
- Huang v. SyAppellate Division of the Supreme Court of the State of New York · 2009
- LaRusso v. Brookstone, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by15 opinions
- NYCTL 2009-A Trust v. TsafatinosAppellate Division of the Supreme Court of the State of New York · 2012
- Boddie-Willis v. MarzilianoAppellate Division of the Supreme Court of the State of New York · 2010
- Yu Hui Chen v. Chen Li ZhiAppellate Division of the Supreme Court of the State of New York · 2011
- Corrigan v. OroscoAppellate Division of the Supreme Court of the State of New York · 2011
- Brach v. Harmony Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
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