| Board of Mgrs. of Parc Vendome Condominium v Cambourakis |
| 2012 NY Slip Op 06877 [99 AD3d 554] |
| October 16, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The Board of Managers of Parc Vendome Condominium,
Appellant, v George Cambourakis et al., Respondents, and Bright Horizons Family Solutions LLC, Respondent. |
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Dunnington, Bartholow & Miller LLP, New York (Eva Adaszko of counsel), for
respondent.
Order and judgment (one paper), Supreme Court, New York County (Marcy S. Friedman, J.), entered April 11, 2011, which, insofar as appealed from, denied petitioner Board's petition for an order directing discovery in aid of arbitration, unanimously affirmed, with costs.
The court properly denied the petition seeking discovery from respondent Bright Horizons, a nonparty in the underlying arbitration proceeding, because the parties to the arbitration did not stipulate to conduct discovery of Bright Horizons (see CPLR 3102 [b], [c]; cf. Matter of ACE Am. Ins. Co., 6 Misc 3d 1005[A], 2004 NY Slip Op 51732[U] [Sup Ct, NY County 2004]; Textron, Inc. v Unisys Corp., 138 Misc 2d 124, 126 [Sup Ct, NY County 1987]).
We have considered the Board's remaining arguments and find them unavailing. Concur—Gonzalez, P.J., Sweeny, Acosta, Renwick and Manzanet-Daniels, JJ.