The case of Rodriguez v. Infinity Insurance, 283 A.D.2d 969, 970, 723 N.Y.S.2d 741 (4th Dept. 2001) is instructive on the issue of hardship. In Rodriguez, the plaintiffs, who were Mexican seasonal farm workers, commenced an action seeking damages from the individual defendants for personal injuries sustained when the motor vehicle in which they were passengers overturned. Id. at 969. The plaintiffs also sought damages from the defendant insurer for breach of contract based on its failure to pay no-fault benefits. Id. The plaintiffs left New York a few months after the accident and moved for a protective order when defendants demanded that they appear for depositions. Id. The plaintiffs requested telephonic depositions, written interrogatories or depositions within one week of the trial, to avoid alleged hardship or expense. Id. The Court held that the trial court had not abused its discretion in denying plaintiffs' motion, concluding that the pleadings and attorney's affidavit contained only conclusory allegations of hardship. Id. at 970.