Appellate Division of the Supreme Court of the State of New York October 16, 2012 (Board of Managers of Parc Vendome Condominium v. Cambourakis)

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.