N.Y. Civil Practice Law & Rules § 3110: Where the deposition is to be taken within the state

Rule 3110. Where the deposition is to be taken within the state. A

deposition within the state on notice shall be taken:

1. when the person to be examined is a party or an officer, director,

member or employee of a party, within the county in which he resides or

has an office for the regular transaction of business in person or where

the action is pending; or

2. when any other person to be examined is a resident, within the

county in which he resides, is regularly employed or has an office for

the regular transaction of business in person, or if he is not a

resident, within the county in which he is served, is regularly employed

or has an office for the regular transaction of business in person; or

3. when the party to be examined is a public corporation or any

officer, agent or employee thereof, within the county in which the

action is pending; the place of such examination shall be the office of

any of the attorneys for such a public corporation or any officer, agent

or authorized employee thereof unless the parties stipulate otherwise.

For the purpose of this rule New York city shall be considered one

county.