Wugalter v. Constable Merchandising Corp.

OPINION OF THE COURT

Michael D. Stallman, J.

Defendants move for an order striking this action from the *313Trial Calendar and vacating the plaintiffs demand for a trial de novo. Defendants assert that plaintiff defaulted at the compulsory arbitration hearing, thereby disqualifying him from seeking a trial de novo. At issue is the meaning of “not in default” in 22 NYCRR 28.12 (a).

On or about April 27, 1997, plaintiff commenced this action seeking $6,540 allegedly due under a promissory note. On or about May 9, 1997 defendants served an answer which contained various counterclaims.

The court…