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ZENTENO v. GEILS

17 A.D.3d 457 (2005)

793 N.Y.S.2d 112

EDWIN ZENTENO, Respondent, v. WILLIAM GEILS et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 11, 2005.

Ordered that the order is affirmed, with costs.

In March 2002 the parties agreed to remove this action from the trial calendar and to proceed to arbitration. After further medical evaluations of the plaintiff's right ankle and foot revealed that arthroscopic surgery was required, the plaintiff chose not to arbitrate. In March 2004 the plaintiff moved to restore the action to the trial calendar and for leave to serve a supplemental...

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