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SAN-DAR ASSOCS. v. ADAMS

167 Misc.2d 727 (1996)

643 N.Y.S.2d 880

San-Dar Associates, Respondent, v. Seibert G. Adams, Appellant.

Supreme Court, Appellate Term, First Department.

January 16, 1996

Attorney(s) appearing for the Case

Fischbein Badillo Wagner Itzler, New York City (Bruce N. Lederman and Louis Ryckmans of counsel), for appellant. Amos Weinberg, Great Neck, for respondent.

PARNESS, J. P., McCOOE, and FREEDMAN, JJ., concur.

Per Curiam.

Order entered May 23, 1995 reversed, with $10 costs, and plaintiff's motion to strike defendant's demand for a trial de novo is denied.

Plaintiff's contract action for damages was referred to compulsory court arbitration (22 NYCRR 28.2 [b]). Defendant did not appear at the hearing before the arbitrator; however, his attorney did participate and cross-examined plaintiff's witness. Subsequent to an award in plaintiff's favor, defendant

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