Legal Opinion

Lewis v. Miller

Rochester City Court

Decided November 18, 1981PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

William H. Bristol, J.

By notice of motion dated September 10,1981, the plaintiff seeks an order striking the defendant’s note of issue, statement of readiness and demand for trial de novo. Additionally, plaintiff seeks an order directing entry of judgment in his favor based on a July 28, 1981 arbitration award. Understandably, defendant opposes this motion.

Essentially plaintiff argues that defendant defaulted in defending the case and therefore is precluded from demanding a trial de novo by virtue of 22 NYCRR 28.12. Section 28.12 of title 22 of the Official Compilation of…

2Cases cited6 opinions

  1. Barasch v. MicucciNew York Court of Appeals · 1980
  2. Bruno v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1980
  3. Bayer v. Ras, New York County Courts1972
  4. Long Island Trading Corp. v. TuthillAppellate Division of the Supreme Court of the State of New York · 1935
  5. Bermudez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1964

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Rackley v. City of New YorkDistrict Court, S.D. New York · 2002
  2. Cable Films v. Ampro Video Productions, Inc.Civil Court of the City of New York · 1984
  3. Goldstein v. FoxCivil Court of the City of New York · 1997
  4. Juniper Walk Condominium v. Patriot Management Corp.White Plains City Court · 2004

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