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GRYPHON DOMESTIC VI, LLC v. APP INTERNATIONAL FINANCE COMPANY, B.V.

52 A.D.3d 219 (2008)

859 N.Y.S.2d 149

GRYPHON DOMESTIC VI, LLC, et al., Appellants, et al., Plaintiff, v. APP INTERNATIONAL FINANCE COMPANY, B.V., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 3, 2008.

While "[t]he preferred practice, except in cases where hardship is shown to exist, is to proceed with examinations here" (Kahn v Rodman, 91 A.D.2d 910, 911 [1983]), a preferred practice is not the same as an inflexible rule. Under the circumstances of this case, the motion court did not improvidently exercise its discretion in declining to direct the depositions of the Indah Kiat defendants to take place in New York. However, as...

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