VALOT v. ALLCITY INS. CO.


131 Misc.2d 814 (1986)

Darren Valot, Plaintiff, v. Allcity Insurance Company, Defendant.

Civil Court of the City of New York, Kings County.

April 14, 1986


Attorney(s) appearing for the Case

Thomas Torto for plaintiff. Becker, Engelman & Remer (Audrey M. Farber of counsel), for defendant.


WILLIAM RITHOLTZ, J.

Where a defendant at a compulsory arbitration hearing appears only by its attorney, does defendant's nonappearance constitute a default, thereby depriving it of the right to a trial de novo?

This is a motion to vacate defendant's demand for a trial de novo. Correspondingly, defendant cross-moves for said trial de novo. Plaintiff commenced this action to recover damages due to defendant's alleged breach of an insurance contract...

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