Omega Diagnostic Imaging, P.C. v. Illinois National Insurance

OPINION OF THE COURT

Howard S. Miller, J.

*1077Defendant moves to strike the plaintiffs demand for a trial de novo following an award against the plaintiff in mandatory arbitration. In that award, the arbitrator checked the boxes indicating both plaintiffs and defendant’s appearance “by attorney.” Defendant nevertheless argues that the plaintiff is not entitled to demand a trial de novo because plaintiff did not “appear” in the sense that no witness testified on behalf of the corporate plaintiff, and because 22 NYCRR 28.12 (a) reserves trials de novo for those who are not in default at arbitration.…