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HOFFOWER v. BUHITE, DDS, PC

146 Misc.2d 68 (1989)

Paul Hoffower, Plaintiff, v. Robert Buhite, D.D.S., P. C., Doing Business as Dental Services of Rochester, et al., Defendants.

Supreme Court, Monroe County.

December 20, 1989

Attorney(s) appearing for the Case

Osborn, Reed, Van de Vate & Burke (Jeffrey M. Wilkens of counsel), for plaintiff. William A. Muoio for Robert Buhite, D.D.S., P. C., defendant. Remington, Gifford, Williams & Colicchio (James T. Townsend of counsel), for Earl Dillman, defendant.

RICHARD D. ROSENBLOOM, J.

The issue presented in this application is whether or not a party who failed to demand a trial by jury is nevertheless entitled to a trial de novo by jury following submission of the case to arbitration.

On December 29, 1988, plaintiff filed a note of issue without demanding a trial by jury. On January 3, 1989, this action was referred to the arbitration program of the City...

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