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LEWIS v. MILLER

111 Misc.2d 700 (1981)

Mike Lewis, Plaintiff, v. Paul R. Miller, Doing Business as PRM Spectrum Contracting, Defendant.

City Court of Rochester.

November 18, 1981

Attorney(s) appearing for the Case

Davidson, Fink, Cook & Gates (Gregory Mott of counsel), for plaintiff. Gossin, Atlas & La Bue for defendant.

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...

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