YU HUI CHEN v. CHEN LI ZHI

2009-11842.

81 A.D.3d 818 (2011)

916 N.Y.S.2d 525

YU HUI CHEN, Appellant, v. CHEN LI ZHI, Respondent.

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

Decided February 8, 2011.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the plaintiff's cross motion for a protective order pursuant to CPLR 3103 (a) directing that his deposition be conducted by remote electronic means is granted.

While depositions of 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 Gartner v Unified Windows, Doors & Siding, Inc., 68 A.D.3d 815 [2009]; LaRusso v Brookstone, Inc., 52 A.D.3d 576, 577 [2008]). Here, the Supreme Court improvidently exercised its discretion in denying the plaintiff's cross motion for a protective order pursuant to CPLR 3103 (a) directing that his deposition be conducted by remote electronic means. The plaintiff demonstrated that traveling from China to the United States for his deposition would cause undue hardship (see Gartner v Unified Windows, Doors & Siding, Inc., 68 AD3d at 815-816; Wygocki v Milford Plaza Hotel, 38 A.D.3d 237 [2007]; Rogovin v Rogovin, 3 A.D.3d 352, 353 [2004]; Matter of Singh, 22 Misc.3d 288 [2008]; see also Hoffman v Kraus, 260 A.D.2d 435, 437 [1999]; cf. Matter of Albarino, 27 A.D.3d 556 [2006]).

In light of our determination that the plaintiff's deposition may be conducted by remote electronic means, the Supreme Court improvidently exercised its discretion in staying all proceedings in the action until the plaintiff could return to the United States for his deposition.


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