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OMEGA DIAGNOSTIC IMAGING, P.C. v. ILLINOIS NATIONAL INSURANCE CO.

16 Misc.3d 1076 (2007)

840 N.Y.S.2d 721

OMEGA DIAGNOSTIC IMAGING, P.C., as Assignee of RANNAY McLENNON, Plaintiff, v. ILLINOIS NATIONAL INSURANCE CO., Defendant.

District Court of Nassau County, Third District.

July 27, 2007.

Attorney(s) appearing for the Case

Serpe, Andree & Kaufman, Huntington (Jonathan H. Kaufman of counsel), for defendant.

Israel, Israel & Purdy, LLP, Great Neck (W. Matthew Iler of counsel), for plaintiff.

OPINION OF THE COURT

HOWARD S. MILLER, J.

Defendant moves to strike the plaintiff's demand for a trial de novo following an award against the plaintiff in mandatory arbitration. In that award, the arbitrator checked the boxes indicating both plaintiff's and defendant's appearance "by attorney." Defendant nevertheless argues that the plaintiff is not entitled to demand a trial de novo because plaintiff did not...

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