Board of Mgrs. of Parc Vendome Condominium v Cambourakis

Board of Mgrs. of Parc Vendome Condominium v Cambourakis 2012 NY Slip Op 06877 Decided on October 16, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 16, 2012
Gonzalez, P.J., Sweeny, Acosta, Renwick, Manzanet-Daniels, JJ.
8300N 109008/10

[*1]The Board of Managers of Parc Vendome Condominium, Petitioner-Appellant,

v

George Cambourakis, et al., Respondents, Bright Horizons Family Solutions LLC, Respondent-Respondent.




Seyfarth Shaw LLP, New York (Elizabeth D. Schrero of
counsel), for appellant.
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], and 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.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 16, 2012

CLERK