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PERRY v. AAMCO TRANSMISSIONS

126 Misc.2d 454 (1984)

Michael Perry, Doing Business as Matco Tools, Plaintiff, v. AAMCO Transmissions, Defendant.

City Court of Rochester.

November 29, 1984

Attorney(s) appearing for the Case

Morris & Moshenberg (Saul D. Moshenberg of counsel), for plaintiff. Richard G. Baxter for defendant.

JOHN R. SCHWARTZ, J.

This court is called upon to decide whether 22 NYCRR 28.12 (a), which governs the time to make a demand for a trial de novo pursuant to a plan of compulsory arbitration of civil cases in effect in this court since September, 1970, violates the "due process" clause of the United States and New York State Constitutions (US Const, 5th Amdt; NY Const, art I, § 6). The constitutional defect claimed is that 22 NYCRR 28.12 (a...

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