De Carlo v. Pyramid Investors Co.

OPINION OF THE COURT

Brian F. De Joseph, J.

This motion raises a question of first impression concerning the recently promulgated Rules Governing Alternative Dispute Resolution by Arbitration (22 NYCRR Part 28). Must the parties submit to the arbitration of a civil action transferred to City Court by an order of Supreme Court made pursuant to CPLR 325 (subd [d])?

These actions were originally commenced in Supreme Court, Onondaga County, seeking to recover damages for personal injuries allegedly sustained by plaintiffs. On January 26, 1981, an order was signed transferring these actions to…