LARUSSO v. BROOKSTONE

Ordered that the appeal by the plaintiffs is dismissed as abandoned ( see 22 NYCRR 670.8 [e]); and it is further,

Ordered that the order is reversed, on the law and the facts, and the motion by the defendant Brookstone, Inc., for a protective order is denied; and it is further,

Ordered that one bill of costs is awarded to the defendant Salvatore Rizzo payable by the defendant Brookstone, Inc.

Generally, when a party to the action is to be deposed, the deposition should take place "within the county . . . where the action is pending" (CPLR 3110). An exception to this rule is where a party demonstrates that examination in that county would cause "undue hardship" ( Rodriguez v Infinity Ins. Co., 283 AD2d 969, 970; Farrakhan v N.Y.P. Holdings, 226 AD2d 133, 135; cf. Rogovin v Rogovin, 3 AD3d 352; Hoffman v Kraus, 260 AD2d 435, 437). In this case, the defendant Brookstone, Inc., which is headquartered in Merrimack, New Hampshire, failed to demonstrate that the appearance for a deposition in Suffolk County constituted an undue hardship. Therefore, it was not entitled to a protective order.