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GARTNER v. UNIFIED WINDOWS, DOORS AND SIDING, INC.

2009-04070

68 A.D.3d 815 (2009)

2009 NY Slip Op 9186

890 N.Y.S.2d 608

MICHELE LIPPA GARTNER et al., Respondents, v. UNIFIED WINDOWS, DOORS AND SIDING, INC., Appellant, et al., Defendants. (Action No. 1.) MICHELE LIPPA GARTNER, Respondent, v. CHRIS COLBERT et al., Defendants, and UNIFIED WINDOWS, DOORS AND SIDING, INC., Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 8, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

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 A.D.3d 576,...

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