Unanimously reversed, on the law, and motion denied, with costs.
For the following reasons, Timeplex' motion for disclosure to aid in arbitration (CPLR 3102, subd [c]) should have been denied. First, disclosure under the afore-mentioned section may only be sought after arbitration has been commenced. Timeplex has yet to commence arbitration. Second, a court will only order disclosure in extraordinary circumstances after arbitration has commenced. (De Sapio v Kohlmeyer...
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