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WUGALTER v. CONSTABLE CORP.

179 Misc.2d 312 (1998)

684 N.Y.S.2d 851

Joel Wugalter, Plaintiff, v. Constable Merchandising Corp. et al., Defendants.

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

December 24, 1998

Attorney(s) appearing for the Case

Angell & Blitzer, New York City, for defendants. Neil A. Burstein, New York City, for plaintiff.

MICHAEL D. STALLMAN, J.

Defendants move for an order striking this action from the Trial Calendar and vacating the plaintiff's demand for a trial de novo. Defendants assert that plaintiff defaulted at the compulsory arbitration hearing, thereby disqualifying him from seeking a trial de novo. At issue is the meaning of "not in default" in 22 NYCRR 28.12 (a).

On or about April 27, 1997, plaintiff commenced...

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