R 3110.Where the deposition is to be taken within the state

This rule answers a practical question that comes up in every case with an in-state deposition: where does it happen? For a party, or an officer, director, member, or employee of a party, the deposition belongs in the county where that person resides, has an office for regularly transacting business in person, or where the action itself is pending — the noticing party's choice among those options. For any other person being examined, the venue follows the witness rather than the case: the county of residence, regular employment, or a business office, and if the witness is not a New York resident, the county where the witness was served, employed, or has a business office instead.

Public corporations get their own rule. When the party to be examined is a public corporation or one of its officers, agents, or employees, the deposition belongs in the county where the action is pending, and specifically at the office of one of the attorneys representing that public corporation or its personnel, unless the parties agree to a different location. The rule closes with a clarifying note that matters in practice: for these venue purposes, New York City counts as a single county, so a deposition tied to residence or business location anywhere in the five boroughs can be scheduled without splitting hairs over which borough counts.