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Carol A. Sigmond, Etc v. the Board of Managers of Parc Vendome Condominium

New York Supreme and/or Appellate Courts Appellate Division, First Department


October 16, 2012

CAROL A. SIGMOND, ETC.,
PETITIONER-RESPONDENT,
v.
THE BOARD OF MANAGERS OF PARC VENDOME CONDOMINIUM,
RESPONDENT-APPELLANT.

Sigmond v Board of Mgrs. of Parc Vendome Condominium

Decided on October 16, 2012

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.

Gonzalez, P.J., Sweeny, Acosta, Renwick, Manzanet-Daniels, JJ.

Judgment, Supreme Court, New York County (Marcy Friedman, J.), entered April 11, 2011, inter alia, quashing the subpoenas served by respondent on nonparty Bright Horizons Children's Centers, Inc., and denying respondent's motion to dismiss the petition to quash, unanimously affirmed, with costs.

The court properly quashed the subpoenas served by respondent on nonparty Bright Horizons because the parties did not stipulate to conduct discovery of Bright Horizons (see CPLR 3102[b], [c]; compare Textron, Inc. v Unisys Corp., 138 Misc 2d 124, 126 [Sup Ct, NY County 1987]; Matter of ACE Am. Ins. Co., 6 Misc 3d 1005[A] [Sup Ct, NY County 2004]).

We have considered respondent'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

20121016

© 1992-2012 VersusLaw Inc.



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