Liberty Queens Medical, P.C. v. Travelers Indemnity Co.

OPINION OF THE COURT

Scott Fairgrieve, J.

The application to file for a trial de novo is granted. There is no affidavit of service to demonstrate that defendant was in fact served with the notice of filing of the award with the clerk of the court as per 22 NYCRR 28.12. Plaintiff relies upon unsworn claims that the defendant was in fact served with the notice of filing of the arbitration award. Based upon the holding of Gordon v Siben & Siben (146 Misc 2d 553 [App Term, 2d Dept 1990]), defendant’s time to file a demand for a trial de novo did not commence to run until proper service of the…