Chase v. Scalici
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
TITONE, J. P.
We are called upon to construe the rules governing alternative dispute resolution by arbitration (22 NYCRR part 28). The rules mandate that civil actions in which the recovery sought is $6,000 or less be submitted to compulsory arbitration subject to a court jury trial de novo on demand. Specifically, the question posed is whether the 30-day period for demanding a trial de novo provided by the rules (22 NYCRR 28.12 [a]) may be extended as a matter of judicial discretion (see CPLR 2004). We hold that it may not.
In July, 1980, plaintiff, Sydney J. Chase,…
2Cases cited34 opinions
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- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
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- Hecht v. City of New YorkNew York Court of Appeals · 1983
- People v. ConsolazioNew York Court of Appeals · 1976
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