Opinion
February 21, 1986
Appeal from the Supreme Court, Erie County, Kane, J.
Present — Dillon, P.J., Callahan, Denman, Pine and Schnepp, JJ.
Order affirmed, with costs. All concur, Callahan, J. not participating. Memorandum: Special Term properly denied respondents' motion to compel discovery (see, People v. Bestline Prods., 41 N.Y.2d 887). Moreover, Special Term properly exercised its discretion in ordering the examination in Buffalo, New York, of respondent George Hoskins, president of both corporate respondents and a resident of Canada (CPLR 3110). The proceeding is pending in Erie County, the locale where respondents transacted the type of business activities complained of by petitioner, and approximately 100 miles from Hoskins' residence (see, Kahn v. Rodman, 91 A.D.2d 910; Oneto v. Hotel Waldorf-Astoria Corp., 65 A.D.2d 520). Finally, the materials and information respondents are directed to produce are material and necessary and directly relevant to petitioner's cause of action that respondents violated General Business Law § 396-m (3) (f).