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ROCH TEL v. CROMWELL CONSTR

87 Misc.2d 993 (1976)

Rochester Telephone Corporation, Respondent, v. Cromwell Construction Company et al., Appellants.

County Court, Monroe County.

August 5, 1976

Attorney(s) appearing for the Case

Culley, Marks, Corbett, Tannenbaum, Reifsteck & Potter (William M. Weegar of counsel), for appellants. Nixon, Hargrave, Devans & Doyle (William D. Eggers of counsel), for respondent.

EUGENE W. BERGIN, J.

The defendant-appellants appeal from the decision of the Honorable HAROLD GALLOWAY denying their application for a trial de novo following an arbitration award in favor of respondent.

After the arbitrators filed a unanimous award in favor of the respondent-plaintiff on January 15, 1976, the defendant filed with the City Court a demand for a trial de novo but never served the demand upon the plaintiff. On February...

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