Parker, Clark Associates, Inc. v. ESM Data Systems, Inc.

OPINION OF THE COURT

Stanley H. Nason, J.

This action for services allegedly rendered by plaintiff on behalf of defendant was set down for arbitration and, on October 16, 1980, after a hearing, an arbitration award was filed, granting the plaintiff the sum of $1,300. On November 26, 1980, defendant attempted to file a demand for a trial de novo with the clerk of the court, but the clerk refused to accept same as untimely. It further appears that a demand for trial de novo was served by defendant by mail on December 9, 1980.

This motion presents the following question: may the court permit the…