Board of Managers of Brightwater v X

Motion No: M-3922

Slip Opinion No: 2018 NYSlipOp 85273(U)

Decided on October 4, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

October 4, 2018

Board of Managers of Brightwater

Towers Condominium,

Petitioner-Respondent,

For an Order pursuant to Section 3102(c)

of the Civil Practice Law and Rules to

compel disclosure pre-action from,

Google LLC, Respondent,

For the Identity of the Unknown

Defendant(s) using the Google, LLC

accounts [email protected],

[email protected] and bwtresidentis@

gmail.com, in an action to be commenced,

Unknown Defendants-Appellants.

v

An appeal having been taken by the unknown defendants-appellants from an order of the Supreme Court, Bronx County, entered on or about August 13, 2018, which granted petitioner-respondent's application for pre-action discovery pursuant to CPLR 3102(c), And the Unknown Defendants having moved for a stay of said order pending hearing and determination of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: October 4, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern,Justices

M-3922

Index No. 22458/18E