New York Courts dot gov New York StateUnified Court System
Trial De Novo  Request may be made by any party not in default
for a trial de novo (to start from the begining) in the court
where the action was commenced, with or without a jury. This
request for a trial de novo may be filed with the clerk of the
court where the award was filed within 30 days after notice of
such award was made, or if notice was by mail, within 35 days of
such service. The party requesting the trial de novo must also
pay the clerk of the court where the award was filed the amount
of the fees payable to the arbitration panel. Such sum shall not
be recoverable by the party upon a trial de novo in any other
proceeding.  The arbitrators shall not be called as witnesses in
the trial de novo nor shall the report of award of the
arbitrators be admitted in evidence at the trial.  If the
judgment upon the trial de novo is not more favorable than the
arbitration award in the amount of damages awarded or the type
of relief granted, the perso