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LIBERTY MED. v. TRAVELERS

194 Misc.2d 628 (2003)

756 N.Y.S.2d 407

LIBERTY QUEENS MEDICAL, P.C., as Assignee of Luis SALCEDO, Plaintiff, v. TRAVELERS INDEMNITY COMPANY, Defendant.

District Court of Nassau County, Third District.

February 14, 2003.

Attorney(s) appearing for the Case

Peter J. Creedon & Associates for defendant.

Israel & Israel, LLP, for plaintiff.

OPINION OF THE COURT

SCOTT FAIRGRIEVE, J.

The application to file for a trial de novo is granted. There is no affidavit of service to demonstrate that defendant was in fact served with the notice of filing of the award with the clerk of the court as per 22 NYCRR 28.12. Plaintiff relies upon unsworn claims that the defendant was in fact served with the notice of filing of the arbitration award. Based upon the holding of Gordon v Siben & Siben ...

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