Mineola Mack Distributors, Inc. v. Huntington Fleet Service, Inc.

OPINION OF THE COURT

John Di Noto, J.

Plaintiff’s motion for an order to dismiss defendant’s demand for a trial de novo is granted. The clerk of the court is directed to disregard the demand for trial de novo and strike the case from the Trial Calendar.

A demand for a trial de novo may be made by any party *19who was not in default at the compulsory arbitration hearing. (22 NYCRR 28.12.) A corporation is in default where it is not represented by an attorney at a civil proceeding. (CPLR 321 [a].) The objection to a corporation appearing in person is that it is not a natural person and it must act…