Greenberg v. Brooks Woolen Co.

OPINION OF THE COURT

Richard S. Lane, J.

Defendant moves to strike from the calendar.

Arbitration was held herein on April 15, 1988 pursuant to 22 NYCRR 28.1 et seq., and resulted in an award in favor of defendant dismissing plaintiff’s cause of action which award was filed with the court on April 20, 1988. Subsequently on or about June 7, 1988 plaintiff served and filed a notice of trial. This motion followed.

In support of the motion defendant asserts the failure of plaintiff to make a demand for a trial de novo within 30 days after service of notice of filing of award with the court as…